HomeMy WebLinkAboutAGENDA REPORT 2013 1106 CCSA REG ITEM 08B ITEM 8.B.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT BY: o„
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Directo
Prepared By: Joseph R. Vacca, Principal Planner —
DATE: October 25, 2013 (CC Meeting of 11/06/2013)
SUBJECT: Consider Resolution Approving Modification No. 1 to Residential
Planned Development Permit No. 1999-02, a Request for Approval to
Construct Four New House Plans for Construction of 66 Single
Family Homes on Existing Lots Within the Meridian Hills Gated
Community, Tract 5187, North of Meridian Hills Drive and West of
Walnut Canyon Road, on the Application of Rick Bianchi, for TRI
Pointe Homes, Inc.
BACKGROUND
On January 23, 2002, the City Council adopted Resolution No. 2002-1935 certifying a
Final Environmental Impact Report (EIR) No. SCH-1994081075, in association with the
Meridian Hills residential development project. On February 6, 2002, the City Council
adopted Resolution No. 2002-1938, which is provided, (Attachment 3), approving
Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit
No. 1999-02, for the subdivision of approximately 350 gross acres of land located west
of Walnut Canyon Road and approximately one-half mile north of Casey Road into 248
single-family residential lots and to accommodate 248 detached single-family residential
units; three recreational lots; three entry/landscaping lots; two project detention basin
lots; one regional detention basin lot; one water tank lot and three open space lots, for a
total of 263 lots, on the application of West Pointe Homes, Inc.
On February 6, 2002, the Moorpark City Council adopted Ordinance No. 277 (effective
March 8, 2002), approving a Development Agreement between the City of Moorpark
and West Pointe Homes, Inc. The agreement was approved in connection with the Tract
No. 5187/RPD No. 1999-02. The agreement remains in full force and effect for twenty
(20) years from the operative date of the agreement (until March 8, 2022), or until the
close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs
last. William Lyon Homes, Inc. acquired the project from West Pointe Homes.
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November 6, 2013
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On July 7, 2004, William Lyon Homes received the City Council's approval of an
Implementation Plan for the project. Tract 5187 Final Map was approved and recorded
on October 26, 2006. Grading and most of the infrastructure of the project was
completed by William Lyon Homes, who built 65 homes before stopping the project in
2007.
On January 10, 2008, William Lyon Homes verbally informed City staff that their
company's interests in the unbuilt portions of the Meridian Hills project (183 lots in Tract
5187 and 17 lots in Tract 5405) had been completely transferred to Resmark LLC,
(ORA Ashford 94, LLC). This transaction took place in violation of the terms of the
Development Agreement for this project, which required City Council approval of an
amendment to the Implementation Plan to address the responsibilities of a new owner
prior to the transfer of ownership. On March 25, 2008, William Lyon Homes submitted a
formal application to the City seeking approval of an amendment to the Implementation
Plan, which was approved by City Council on May 21, 2008, which is provided,
(Attachment 4). Most all items in the amended implementation plan have been
completed to date with the exception of the completed construction of the multi-use trail
along the Walnut Canyon Road right-of-way and along the Peter's driveway to connect
to the Moorpark Country Club Estates Tract 4928, north of the project and Moorpark
Highlands, Tract 5045, east of the project.
Since 2008, Resmark Equity Partners, LLC, who purchased the property from William
Lyon Homes, Inc., as successor in interest has been responsible for compliance with
the terms of the Development Agreement. Resmark has partnered with TRI Pointe
Homes, LLC (TPH), a home builder based in Irvine, to construct 66 single family homes,
on 66 of the 183 remaining vacant lots. Rick Bianchi, as representative for TPH, filed
the Modification No. 1 to Residential Planned Development (RPD) Permit No. 1999-02
application on May 21, 2013.
DISCUSSION
TRI Pointe Homes, LLC (TPH), filed the Modification application to construct 66 new
single family homes which would leave a total of 117 vacant lots out of the original 248
lots, after the 66 homes are completed, (since 65 existing homes were already
constructed by William Lyon Homes and occupied). Since TPH is only proposing
construction of 66 units at this time the question remains as to what will happen on the
remaining 117 vacant lots. TPH has not provided a clear answer to this question.
Therefore, staff assumes that if this proposal is approved and successful that at some
point in the future TPH will file another modification application to continue to develop
the reminder lots with similar product as proposed under this modification.
TPH is proposing four new house plans which consist of two one story and two two
story homes. Their intent is to develop homes that comply with the existing approved
design guidelines for RPD No. 1999-02. The new house plans do conform to the site
planning and architectural standards as outlined in the existing approved design
guidelines.
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The following table provides a comparison of the approved architecture and proposed
architecture, and shows which plan the proposed houses are intended to mimic.
Approved Proposed
Plan Floors House Garage Plan Floors House Garage
Size Size & (original Size Size &
(spaces) plan) (spaces)
1 Ashford One 2,627 665 (3) 2 (1A) One 2,871 668 (3)
2 Ashford Two 3,789 702 (3) 3 (2A) Two 3,789 749 (3)
3 Ashford Two 4,115 667 (3)
1 Marquis One 3,098 663 (3) 1 (1M) One 2,679 688 (3)
2 Marquis Two 3,753 686 (3) 4 (2M) Two 4,044 662 (3)
3 Marquis Two 4,312 689 (3)
4 Marquis Two 4,774 663 (3) -
All sizes are in square feet
As the table above shows, the original approved architecture consisted of a total of
seven house plans, with two single story, and five two story homes that ranged in size
from 2,627 to 4,774 square feet, with all homes having three car garages. The proposal
is for a total of four house plans, there are two single story and two two story homes that
range in size from 2,679 to 4,044 square feet, with all homes having three car garages.
The proposed garages use a tandem space for the third car parking space. This
matches the original approvals that also utilized a third tandem parking space in the
garages. The new application however, does provide overhead cabinet storage in the
tandem garage spaces. This data is discussed further in the analysis section of this
report.
Approved Unit Mix
• For the Ashford product there were 113 units with three floor plans
30% Plan 1A; 35% Plan 2A; and 35% Plan 3A
• For the Marquis product there were 135 units with four floor plans
16% Plan 1M; 26% Plan 2M; 27% Plan 3M and 31% Plan 4M
Proposed Unit Mix
• For the TPH product there are 66 units with four floor plans
21% Plan 1; 20% Plan 2; 27% Plan 3 and 32% Plan 4
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Proposed Architecture
Plan 1: is single story and has three architectural styles, with four colors and materials
palettes for each style, characterized as follows:
A— Spanish Colonial with S-tile concrete roofing, stucco, decorative clay pipe gable end
detail, stucco pot shelf, recessed windows and an entrance tower.
B — French Colonial with Flat-tile multi-colored concrete roofing, stucco and stone
veneer with horizontal lap siding, window shutter, decorative eave rafter tail details, and
an entrance tower.
C — ltalianate with S-tile colored concrete roofing, stucco, precast window and entry
door surround accents, window column support, decorative eave rafter tail details,
recessed windows and an entrance tower.
Plan 2: is single story and has three architectural styles, with four colors and materials
palettes for each style, characterized as follows:
A — Santa Barbara with S-tile concrete roofing, stucco, decorative glazed ceramic
accent tiling around recessed windows, decorative metal grille work, stucco pot shelf
and an entrance tower.
B — Cottage with Flat-tile multi-colored concrete roofing, stucco and stone veneer,
decorative bay window with standing seam metal roof, decorative eave details, and an
entrance tower.
C — Tuscan with S-tile colored concrete roofing, stucco and stone veneer, high density
foam with wood grain finish window headers, window shutters over recessed windows,
decorative exposed shaped rafter tail details and an entrance tower.
Plan 3: is two story and has three architectural styles, with four colors and materials
palettes for each style, characterized as follows:
A — Spanish Colonial with S-tile concrete roofing, stucco, decorative recess stucco
gable end detail, decorative metal pot shelf, decorative window shutters, recessed
windows and a front porch.
C — Tuscan with S-tile multi-colored concrete roofing, stucco and stone veneer with,
window shutter details, decorative eave rafter tail details, and a front porch.
D — Traditional with Flat-tile colored concrete roofing, stucco and horizontal lap siding,
decorative window shutters and an entry door surround accent, decorative gable end
venting details, a recessed front porch area to enhance the entrance door.
Plan 4: is two story and has three architectural styles, with four colors and materials
palettes for each style, characterized as follows:
A — Santa Barbara with S-tile concrete roofing, stucco, decorative glazed ceramic
accent tiling around recessed windows, decorative rounded top picture window, stucco
pot shelf with trim accent and an articulated tile entrance.
B — French Colonial with Flat-tile multi-colored concrete roofing, stucco and stone
veneer, decorative window shutters, decorative gable end detailing with horizontal lap
siding and gable end venting, and front porch at the entrance door.
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C — Italianate with S-tile colored concrete roofing, stucco, precast concrete window and
entry door surround accents, decorative exposed shaped rafter tail details and an
articulated entrance tower element.
The proposed architecture is compatible in design, height, width, overall scale and
massing, materials and colors and quality with the four existing approved house plans
that it has strived to match. A significant difference on the new plan one and two
houses are that the original architecture had a large internal open courtyard that had
multiple access connections from inside the homes, along with a second tower element
and internal entrance to the home. The new architecture for the plans one and two
have either eliminated or reduced the size of the original internal open courtyards and
second tower element entrance features have been altogether removed on the houses
that previously had these features. The applicant has indicated that the floor plans have
been updated and improved to be more in line with today's homebuyers expectations
because they have designed great rooms in lieu of formal living rooms. The proposed
houses have also been designed to maximize use of outdoor patio spaces. The
architecture and site planning complies with the approved design guidelines for the
project. A side by side comparison of the proposed architecture with the previously
approved architecture has been prepared by the applicant and is provided, (Attachment
5). With the various designs and variety of four colors and materials scheme choices for
each style, there will be a total of 48 different iterations of house styles for the four
proposed house plans.
The proposed construction phasing plans show that TPH intends to fill in the 66 lots
closest to the existing developed residential homes that were previously constructed by
Lyon Homes. TPH also plans to open a second gated access off of Ridgemark Drive,
west of the existing gated access, to provide for the customer traffic into the project.
The plan is to construct four model homes just inside this second gated entrance.
Construction of for sale homes will start on Turnstone Court where the original model
homes were built by William Lyon Homes. Then construction will proceed to fill in the
vacant lots moving north and then west within the existing Meridian Hills neighborhoods.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following area for consideration
by the City Council:
• Compatibility with Prior-approved Site Planning and Architecture
The original approval included three Ashford house plans, designed by Bloodgood
Sharp Buster, Architects and Planners, Inc.; and four Marquis house plans, designed by
William Hezmalhalch Architects Inc. for a total of seven house plans. The living space
of the original approved houses ranged in size from 2,627 square feet up to 4,774
square feet. The proposal is for four house plans that range in size from 2,679 square
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feet up to 4,044 square feet. The proposed house plans have been designed to match
the architecture and square footage of the small to medium sized homes of the
previously approved project.
Recently approved RPDs for single family detached home developments that are
currently approved for construction all provide a minimum of three floor plans and go up
to as high as nine floor plans. These projects are outlined as follows:
• Richmond American — RPD 2002-03, Cherry Hill, Tract 5045-3&4, there are forty-
three remaining lots for development (Planning Areas 2&3 Moorpark Highlands)
There are three floor plans provided for sale: Plan 1 — 2,607 sq. ft. one story;
Plan 2 — 2,918 sq. ft. two story; Plan 3 — 3,165 sq. ft. two story.
All houses have a 3 car garage.
• Pardee — RPD 2009-02, Living Smart, Tract 5860, a one-hundred-thirty-three lot
development (Planning Area 7 Moorpark Highlands).
There are four floor plans provided for sale:
Plan 1, (affordable unit) — 1,123 sq. ft. two story;
Plan 2 — 2,311 sq. ft. two story; Plan 3 — 2,385 sq. ft. two story; and
Plan 4 — 2,402 sq. ft. two story. All houses have a 2 car garage.
• Toll Bros. Inc. — RPD 2003-04, Masters at Moorpark Country Club Estates, Tract
5463, a fifty lot development (Husted Development).
There are five floor plans provided for sale:
Plan 1 —4,010 sq. ft. one story; Plan 2 —4,358 sq. ft. one story;
Plan 3 —4,675 sq. ft. two story; Plan 4 —4,967 sq. ft. two story; and
Plan 5 — 5,175 sq. ft. two story; all houses have either a 3 or 4 car garage.
• Resmark, LLC. — RPD 1999-02, Meridian Hills Development, Tract 5187, a two-
hundred-forty-eight lot development.
There are seven floor plans provided for sale:
Plan 1A— 2,627 sq. ft. one story; Plan 2A— 3,789 sq. ft. two story;
Plan 3A—4,115 sq. ft. two story; Plan 1M — 3,098 sq. ft. one story;
Plan 2M — 3,753 sq. ft. two story; Plan 3M —4,312 sq. ft. two story;
Plan 4M — 4,774 sq. ft. two story; all houses have a 3 car garage.
• Toll Bros. Inc. — Pinnacle, Tract 5045-8, a one-hundred-thirty-two lot
development, (Planning Areas 8&9 Moorpark Highlands).
There are nine floor plans:
Plan 1 — 3,346 sq. ft. one story; Plan 2 — 3,810 sq. ft. one story;
Plan 3 — 3,988 sq. ft. two story; Plan 4 —4,734 sq. ft. two story;
Plan 5 —4,064 sq. ft. two story; Plan 6 —4,397 sq. ft. two story;
Plan 7 —4,827 sq. ft. two story; Plan 8 —4,162 sq. ft. two story; and
Plan 9 —4,162 sq. ft. two story; all houses have either a 3 or 4 car garage.
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Of all the single family detached projects currently approved for construction, the
average number of floor plans provided for sale of the developments is approximately
five floor plans, (specifically 5.60 floor plans). The larger number of floor plans offered
for sale in the communities and neighborhoods of Moorpark has resulted in a broader
variety of architecture than typically seen in other areas in the local region. This has
resulted in neighborhoods of Moorpark that have an appearance of semi-custom
construction and architectural variation, as opposed to a more typical residential tract
development with less architectural variety and interest.
At the present time, the houses already approved on the 66 lots in question have an
average square footage of 3,736 square feet. Under the proposed modification the
average square footage has been reduced to an average of 3,453 square feet,
representing a decrease by approximately seven percent (7%) from what was originally
approved. With the proposed condition of approval below, which would require
replacing 17 of the proposed homes with 17 of the original Marquis Plans 3 and 4, the
overall average square footage of the proposed 66 homes would be increased up to an
average of approximately 3,738 square feet, depending on which units are replaced.
Since the original approval for RPD No. 1999-02 included seven floor plans and homes
with larger square footage than currently proposed, staff believes that there is a
compatibility issue that needs to be addressed as part of this application. To ensure
that what is proposed is compatible with the existing development within the Meridian
Hills master planned community, staff recommends a special condition of approval as
follows:
❖ Prior to the issuance of a zoning clearance for a building permit for the
production homes, (not including the model homes) associated with this
Modification No. 1 of RPD 1999-02, two additional two story floor plans must be
included in the overall development of the 66 lots, with minimum floor areas for
living space of 4,312 square feet and 4,774 square feet respectively, both with
three car garages; and that the two additional two story house plans must be
designed to mimic the architecture of the approved Marquis Plans 3 and 4
respectively, or the original Marquis Plans 3 and 4 may be used to satisfy this
condition; and that there must be 8 Marquis Plan 3 houses and 9 Marquis Plan 4
houses incorporated into the final master plotting (to match original approved
master plotting mix criteria), and the average square footage of the proposed 66
homes shall equal or exceed the average square footage of the 66 homes
originally approved prior to this modification, to the satisfaction of the Community
Development Director.
Staff believes that the introduction of the two, two story homes to mimic the original
Marquis Plans 3 and 4, which original approvals had incorporated 8 Marquis Plans 3
houses and 9 Marquis Plans 4 houses, will enhance the overall development and
ensure compatibility with the 65 original homes that have already been constructed in
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this development. An acceptable alternative would be to allow TPH to use the original
Marquis Plans 3 and 4 as originally approved to satisfy this recommended condition of
approval which would only require building code updates to the already approved
architecture. If this project is approved with the proposed conditions, the only home that
TPH would not be building would be the Ashford Plan 3 house which has 4,115 square
feet of living space. Since the proposed house plans mimic four of the seven original
house plans and staff has recommended a condition that TPH also build the two largest
floor plans, staff believes that the construction of 6 floor plans is compatible with the
original 7 floor plans because as conditioned the overall average square footages would
also be compatible with what has been constructed. Staff feels this is an important
condition to incorporate into the approval to ensure compatibility and so that this
architectural palette and master plotting may continue to be compatible with the existing
65 properties that were originally constructed.
For each proposed house plan there are three architectural styles proposed for each
house, with a minimum of four colors and material palettes for each style. In order to
ensure adequate variety and to minimize redundancy, staff is recommending a condition
of approval that for house floor Plans 1 through 6, there must not be less than 10% nor
more than 25% of any one of the floor plans used throughout the plotting. Also a
condition is recommended requiring at least three architectural styles, (i.e. French,
Tuscan, and Traditional) be provided per floor plan with no less than 10% nor more than
30% of any one architectural style used per floor plan, and side by side houses of the
same floor plan must use different architectural styles. Also, a condition is
recommended that final colors and materials must be reviewed and approved to include
a minimum of four color schemes per architectural style, consistent with proposed
architectural plans and no adjacent units, (side by side) will be allowed to use the same
colors and materials palette. These conditions are also intended to ensure adequate
variety and compatibility with existing development.
To ensure that materials are sturdy and long lasting, a condition is recommended that
the applicant use durable materials for trim on the ground floor levels of the homes,
such as wood window trim, or 1/4" minimum cementous stucco coat over foam. Also, a
condition is recommended that requires the architecture of side or rear elevations of
two-story homes adjacent to streets, or clearly visible from streets, must be enhanced
with additional architectural treatments.
Finally, a condition of approval is also recommended that requires full compliance with
the Implementation Plan approved on May 21, 2008, including completion of the
construction and installation of the multi-use trail system, including compliance with
accessibility requirements, and construction of the remaining unbuilt portions of the
multi-use trail and public sidewalk across the Peter's property and connection with the
Country Club Estates and Moorpark Highlands multi-use trails, to the satisfaction of the
Community Development Director and City Engineer/Public Works Director. Compliance
with this recommended condition would be required to be completed prior to the
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issuance of a zoning clearance for a building permit for the production homes, (not
including the model homes) associated with this Modification No. 1 of RPD 1999-02.
Ex Parte Communication Disclosure
On October 4, 2013, Rick Bianchi, representing TPH emailed each City Council
member an overview of the modification application and provided colored plans of the
proposed architecture in PowerPoint slides which also show a comparison with
approved architecture. Rick indicated in his email, that he feels the architectural
changes are in full compliance with the approved design guidelines and the exterior
elevations of the new plans are consistent with the existing exterior elevations. Rick
goes on to state that the floor plans have been updated and improved to be more in line
with today's homebuyers expectations (for example, they have designed "great rooms"
in place of formal living rooms). A copy of the Rick Bianchi's email to the City Council
members and the PowerPoint slides: colored architecture plans that were attached to
the email, are both provided, (Attachment 2).
Findings
The following findings are offered for the proposed Modification No. 1 to Residential
Planned Development Permit 1999-02:
1. The proposed project site design, including structure location, size, height,
setbacks, massing, scale, architectural style, and colors and materials, and
landscaping, as conditioned, are consistent with the provisions of the City's
General Plan, and Zoning Ordinance, in that the proposed project will provide
for the orderly development of land identified in the City's General Plan, and
Zoning Ordinance as appropriate for residential development within Tract
5187, to be compatible with the developed residential neighborhoods within
the Meridian Hills neighborhood. The proposed project site design, as
conditioned, complies with General Plan Policy 3.2: in that the proposed
residential project includes variation of residential product types, lot sizes, and
designs. The proposed project site design, as conditioned, complies with
General Plan Policy 4.1: in that the residential character of the identifiable
neighborhood within the Meridian Hills community shall be maintained
because the adjacent new development has been planned to have
compatible architectural design, landscape, streetscape, color and materials,
building setbacks, and building heights. The proposed project site design, as
conditioned, complies with General Plan Policy 5.2: in that the proposed infill
development in existing Meridian Hills residential neighborhoods has been
designed to be compatible with the scale and character of the existing
surrounding neighborhood. Finally, the proposed project site design, as
conditioned, complies with General Plan Policy 16.1: in that the proposed
community features associated with the proposed development are
compatible with the existing Meridian Hills residential neighborhood and the
overall theme(s) and character shall be maintained or enhanced with the
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development of the proposed single family homes and private and community
landscaped areas and this infill project is consistent with the theme and
character of the area as called for in the Meridian Hills Design Guidelines,
(Dated December 3, 2004) as adopted on December 13, 2004 with approval
on that date of Permit Adjustment No. 4 to Amend the Design Guidelines for
Residential Planned Development Permit No. 1999-02, in that only minor
changes are proposed to the elevations and building size from what was
previously approved, and;
2. The site design of the proposed project, as conditioned, would not create
negative impacts on or impair the utility of properties, structures or uses in the
surrounding area, in that the use proposed is similar to uses existing or
proposed to the north, south, east and west, and access to adjacent uses is
not hindered by this project. Also, the site design of the proposed project, as
conditioned, is compatible with the scale and character of the existing uses,
employing similar colors and materials and similar design palettes, so as not
to create a negative impact on the utility of properties or uses in the
surrounding area. Furthermore, the site design of the proposed project, as
conditioned, complies with General Plan Policy 17.1, in that the proposed new
development has been designed to be compatible with the scale and visual
character of the existing surrounding neighborhoods; and
3. The proposed project, as conditioned, is compatible with existing and
permitted uses in the surrounding area, in that the surrounding existing and
future development includes a variety of single-family detached homes and
open space throughout the Meridian Hills residential neighborhoods and
development areas of Tract 5187.
These findings are required to be made by City Council in order to approve the
requested modification. Should the City Council be unable to make these findings, staff
should be directed to return to the City Council in two weeks with a resolution of denial
for consideration by the City Council.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: October 24, 2013
Planning Commission Action Deadline: Not Applicable
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City Council Action Deadline: December 23, 2013
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director (Director) determines the level of review
necessary for a project to comply with the California Environmental Quality Act (CEQA).
Some projects may be exempt from review based upon a specific category listed in
CEQA. Other projects may be exempt under a general rule that environmental review is
not necessary where it can be determined that there would be no possibility of
significant effect upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess the level of potential
environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation can not be readily
identified, an Environmental Impact Report (EIR) is prepared.
The City Council, prior to making its decision on this project, had originally considered
the Final EIR (SCH No. 94081075) which had been prepared and certified by City
Council Resolution No. 2002-1935 for the Residential Planned Development Permit No.
1999-02 and Tract Map 5187 project pursuant to the California Environmental Quality
Act (CEQA) in accordance with Sections 15162 and 15164 of the California Code of
Regulations (CEQA Guidelines). The proposed modification does not change the
number or location of the homes, and does not have the potential to result in any new
impacts or a substantial increase in any impacts not addressed by the previously
certified Final EIR. No substantial changes are proposed in the project which will
require major revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects. No substantial changes have occurred with respect to the
circumstances under which the project is undertaken which will require major revisions
of the previous EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects. No new
information or impacts of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous EIR
was certified as complete that require preparation of a new or subsequent EIR have
been identified as a result of the proposed modification to update the design of homes
for the project. Therefore, City staff determined that the previously certified Final EIR is
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Page 12
the appropriate and adequate environmental document for the proposed modification
and that no further environmental documentation is required.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Open the public hearing, take public testimony, and close the public hearing;
2. Adopt Resolution No. 2013- , approving Modification No. 1 to Residential
Planned Development Permit No. 1999-02 subject to Conditions of Approval.
ATTACHMENTS:
1. Location Map.
2. October 4, 2013, Rick Bianchi Email to City Council and attachment to email:
colored architectural plans.
3. Resolution No. 2002-1398: Original Tract 5187 / RPD No. 1999-02 Conditions of
Approval.
4. Amended Implementation Plan Tract 5187 —Approved on May 21, 2008.
5. Proposed site planning — plotting unit mix; elevations, floor plans, roof plans; and
a side by side architectural comparison (all Under Separate Cover).
6. Draft Resolution Approving a Modification No. 1 to Residential Planned
Development Permit No. 1999-02.
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LOCATION MAP
Modification No. 1 to RPD 1999-02 Meridian Hills (Tract 5187) North
of Meridian Hills Drive and West of Walnut Canyon Road
CC ATTACHMENT 1
43
Joe Vacca
From: Rick Bianchi <rick.bianchi @roadrunner.com>
Sent: Saturday,October 05, 2013 7:09 AM
To: David Bobardt;Joe Vacca
Subject: FW:Meridian Hills project
Attachments: Meridian Hills side by side 12-13-12.pptx
Just another FYI—this Email went to each council member. Thanks.
From: Rick Bianchi [mailto:rick.bianchi@ roadrunner.com]
Sent: Friday, October 04, 2013 7:25 AM
To: 'JParvin @MoorparkCA.gov'
Subject: Meridian Hills project
Dear Councilmember Parvin:
My name is Rick Bianchi and I am representing TRI Pointe Homes(TPH)—the builder of the remaining lots at the
Meridian Hills project(tract 5187 at Walnut Canyon and Meridian Hills Drive). We will be seeking at the City Council
meeting,on November 6,your approval of a modification to the architecture so that we can restart this project and
complete the next phase of 66 homes.
The architectural changes are in full compliance with the approved design guidelines-we are not seeking variances or
asking for relief of any kind—and after extensive input from the current Meridian Hills community,and at the suggestion
of staff,the exterior elevations of the new plans are consistent with the existing exterior elevations. However,we have
taken this opportunity to update and improve the floor plans to be more in line with today's homebuyers expectations
(for example,we have designed"great rooms"in place of formal living rooms).
The City planning department will,of course,provide you with a full staff report but I wanted to reach out to you so that
you had another avenue to get information if you wish.
Because this project has been on hold for a few years I thought some background might be helpful to refresh your
recollection. Resmark Companies acquired the property in 2007 from Lyon Homes and Resmark has partnered with
TPH,a respected home builder based in Irvine,CA,to construct homes on the remaining lots. As you likely know the
grading and most of the infrastructure of the project was completed by Lyon in 2007 and they built on 65 of the 248 lots
before the housing/economic downturn. The modification you will be considering in November will apply to the next
66 lots;and we are proposing 4 new plans consisting of one and two story homes. The balance of the lots(117 lots)will
be part of a future application.
Over the course of the past year TPH has met no fewer than 5 times with the Meridian Hills community,and 6 times
with City staff to discuss our proposed architecture—and we have communicated via direct mail including a survey to
solicit input on our final proposal. Our initial architecture had a slightly updated feel but we heard the communities'
concern and responded by instructing our architect to design the new homes to reflect the existing homes—and we
succeeded (please see the side by side comparison attached).
At our most recent community meeting on September 19,2013 the homeowners expressed an eagerness for the project
to get started asap. Some of their comments included "we are tired of looking at empty lots;we are concerned the
empty lots are having a negative impact on our home values;we are excited to have new neighbors".
1
CC ATTACHMENT 2 44
In conclusion,we believe our efforts to work with the Meridian Hills community and the City staff have resulted in a
project that is well-liked and we are excited to get to the hearing. I will be reaching out to you again the near future to
see if you have any questions or would like a guided tour of the site.
Thank you for your time and consideration of this matter.
Best regards.
Rick Bianchi
For TRI Pointe Homes
Builder Support Services
Rick Bianchi
368 Alder Springs Drive
Oak Park,CA 91377
Cell:661-644-4063
Email:rick.bianchi @roadrunner.com
The information contained in this Email message is confidential and may be legally privileged and intended only for the
use of the individual or entity named above. If you are not the intended recipient,or if you have received this message
in error,you are asked to please delete it and notify the sender. You are hereby notified that any dissemination,
distribution,or copy of the Email is strictly prohibited.
2
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49
RESOLUTION NO. 2002-1938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING VESTING
TENTATIVE TRACT MAP NO. 5187 AND RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 99-02 FOR THE
SUBDIVISION OF APPROXIMATELY 350 GROSS ACRES OF
LAND LOCATED WEST OF WALNUT CANYON ROAD AND
APPROXIMATELY ONE-HALF MILE NORTH OF CASEY ROAD
INTO 250 SINGLE-FAMILY RESIDENTIAL LOTS AND
DETACHED SINGLE-FAMILY RESIDENTIAL UNITS, THREE
RECREATIONAL LOTS, THREE ENTRY/LANDSCAPING
LOTS, TWO PROJECT DETENTION BASIN LOTS, ONE
REGIONAL DETENTION BASIN LOT, ONE WATER TANK
LOT AND THREE OPEN SPACE LOTS FOR A TOTAL OF
263 LOTS, ON THE APPLICATION OF WEST POINTE
HOMES, INC.
WHEREAS, at a duly noticed public hearing on October 3,
2001, continued public hearings on October 17, November 7,
December 5, and December 19, 2001, and on January 16 and January
23, 2002 , the City Council considered Vesting Tentative Tract
Map. No. 5187 and Residential Planned Development Permit No. 99-
02 on the application of West Pointe Homes for the subdivision
of approximately 350 gross acres of land located west of Walnut
Canyon Road and approximately one-half mile north of Casey Road
into 250 single-family residential lots and thirteen (13) other
lots and construction of 250 single-family residential units
(APN' s 500-260-025, 500-240-045, 500-270-075, 500-270-085, 500-
260-095, 500-270-090, 500-270-140, 500-270-155, 500-270-165) ;
and
WHEREAS, at its meeting of October 3, 2001, the City
Council opened the public hearing and took public testimony and
continued the item, public hearing open, to subsequent meetings,
and on January 23, 2002, closed the public hearing; and
WHEREAS, at its meeting of January 23, 2002, the City
Council adopted Resolution No. 2002-1935 certifying Final
Environmental Impact Report (EIR) No. SCH-1994081075 for the
proposed project; and
WHEREAS, the City Council, after review and consideration
of the information contained in the City Council staff reports
and testimony received reached a decision on this matter on
February 6, 2002 .
CC ATTACHMENT 3
50
Resolution No. 2002-1938
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find that Vesting
Tentative Tract Map No. 5187 and Residential Planned Development
Permit No. 99-02 are consistent with the City' s General Plan as
amended by General Plan Amendment No. 99-01 .
SECTION 2. The City Council further finds that Vesting
Tentative Tract Map No. 5187 and Residential Planned Development
Permit No. 99-02 are consistent with the approved Final EIR.
SECTION 3. The City Council hereby adopts the following
additional findings:
C.E.Q.A. Findings
1. That Final EIR SCH-1994081075, prepared for the West Pointe
Homes North Ranch at Moorpark project serves as the
environmental document for Vesting Tentative Tract Map No.
5187 and Residential Planned Development Permit No. 99-02
and has been completed in accordance with the California
Environmental Quality Act (CEQA) , the CEQA Guidelines, and
the City' s CEQA Procedures.
2. In order to reduce the potential adverse impacts of this
project, mitigation measures discussed in the approved EIR
have been incorporated and shall apply to Vesting Tentative
Tract Map No. 5187 and Residential Planned Development
Permit No. 99-02.
3. A Mitigation Monitoring and Reporting Program was prepared
and adopted in compliance with Assembly Bill 3180 and
applies to Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99-02.
Subdivision Map Act Findings:
Based on the information set forth above, it has been determined
that Vesting Tentative Tract Map No. 5187, with imposition of
the attached conditions, meets the requirements of California
Government Code Sections 66473. 5, 66474, 66474 . 6, and 66478. 1 et
seq. , in that:
1. The proposed map is consistent with the City of Moorpark
General Plan.
51
Resolution No. 2002-1938
Page 3
2. That the design and improvements of the proposed
subdivision is consistent with the City of Moorpark General
Plan.
3 . The site is physically suitable for the type of development
proposed.
4 . The site is physically suitable for the proposed density of
development .
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage.
6. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems.
7. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision.
8 . There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir.
Residential Planned Development Permit Findings:
1. The proposed project is consistent with the intent and
provisions of the City' s General Plan and Zoning Ordinance.
2. The proposed project is compatible with the character of
surrounding development.
3. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
4 . The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare.
5. The proposed project is compatible with existing and
planned land uses in the general area where the development
is to be located.
52
Resolution No. 2002-1938
Page 4
6 . The proposed project is compatible with the scale, visual
character and design of the surrounding properties,
designed so as to enhance the physical and visual quality
of the community, and the structure (s) have design features
which provide visual relief and separation between land
uses of conflicting character.
SECTION 4 . The City Council hereby approves Vesting
Tentative Tract Map No. 5187 and Residential Planned Development
Permit No. 99-02, subject to the attached Conditions of
Approval .
SECTION 5 . The approval of Vesting Tentative Map No. 5187
and Residential Planned Development Permit No. 99-02 is
contingent upon final approval by the City Council of General
Plan Amendment No. 99-01 and Zone Change No. 99-01 and shall not
become effective until the effective date of the zone change
ordinance.
SECTION 6 . The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original Resolutions .
PASSED AND ADOPTED this 6t- .ay of Fella ary; 2002 .
illete -)11-lid-
•atrick H er, Mayor
ATTEST:
PK
PO P
Deborah S. Traffenstedt, City Clerk �.4
,rzaw,*144....
\k. w
Attachments:
Exhibit A - Conditions of Approval for Vesting Tract Map
No. 5187
Exhibit B - Conditions of Approval for Residential
Planned Development Permit No. 99-02 .
53
Resolution No. 2002-1938
Page 5
EXHIBIT A
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE
TRACT MAP NO. 5187 :
A. DEPARTMENT OF COIrMUNITY DEVELOPMENT:
1. Application of City Ordinances/Policies: The
conditions of approval of this Vesting Tentative Tract
Map and all provisions of the Subdivision Map Act,
City of Moorpark Ordinance and adopted City policies
at the time of tentative map approval supersede all
conflicting notations, specifications, dimensions,
typical sections and the like which may be shown on
said map.
2. Acceptance of Conditions : Recordation of this
subdivision shall be deemed to be acceptance by the
subdivider and his/her heirs, assigns, and successors
of the conditions of this Map. A notation which
references conditions of approval shall be included on
the Final Map in a format acceptable to the Director
of Community Development.
3. Expiration of Map: This Tentative Tract Map shall
expire three (3) years from the date of its approval.
The Director of Community Development may, at his/her
discretion, grant up to two (2) additional one (1)
year extensions for map recordation, if there have
been no changes in the adjacent areas and if applicant
can document that he/she has diligently worked towards
map recordation during the initial period of time. The
request for extension of this entitlement shall be
made in writing, at least 30-days prior to the
expiration date of the permit.
4 . Hold Harmless: The subdivider shall defend, indemnify
and hold harmless the City and its agents, officers
and employees from any claim, action or proceeding
against the City or its agents, officers or employees
to attack, set aside, void, or annul any approval by
the City or any of its agencies, departments,
commissions, agents, officers, or employees concerning
the subdivision, which claim, action or proceeding is
brought within the time period provided therefore in
Government Code Section 66499. 37. The City will
54
Resolution No. 2002-1938
Page 6
promptly notify the subdivider of any such claim,
action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the
defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the
City or its agents, officers and employees pursuant to
this condition.
a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding
in good faith.
b. The subdivider shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the settlement is approved by the subdivider.
The subdivider' s obligations under this condition
shall apply regardless of whether a Final Map is
ultimately recorded with respect to the subdivision.
5. Effect of Conditions: No conditions of this
entitlement shall be interpreted as permitting or
requiring any violation of law or any unlawful rules
or regulations or orders of an authorized governmental
agency. The approved Mitigation Monitoring and
Reporting Program is included as an attachment to the
approving resolution, and all mitigation measures are
requirements of the Vesting Tentative Tract Map and
Residential Planned Development Permit, as applicable.
6. Severability: If any of the conditions or limitations
of this approval are held to be invalid, that holding
shall not invalidate any of the remaining conditions
or limitations set forth.
7 . Duplication of Conditions: All mitigation measures
contained within the approved Mitigation Monitoring
Report and Program (MMRP) are hereby adopted as
requirements of the Vesting Tentative Map, as
applicable. Where conflict or duplication between the
MMRP and the conditions of approval occurs and
applicability for compliance is questioned by the
Developer, the Director of Community Development will
determine the applicable condition compliance
requirements for each phase of development.
55
Resolution No. 2002-1938
Page 7
8 . Title Report: Prior to Approval of the Final Map, the
subdivider shall submit to the Department of Community
Development and the City Engineer for review a current
title report which clearly states all interested
parties and lenders included within the limits of the
subdivision as well as any easements that affect the
subdivision.
9. Image Conversion of Plans: Prior to approval of the
Final Map, the builder shall pay to the City a fee for
the image conversion of the final map and improvement
plans, as determined by the Director of Community
Development, into an electronic imaging- format
acceptable to the City Clerk.
10. Consistent with the City' s General Plan Housing
Element, the Vesting Tentative Tract Map is subject to
execution of an Affordable Housing Agreement between
the City of Moorpark and the Applicant or Developer.
The Affordable Housing Agreement shall set forth the
procedure for meeting an affordable housing
requirement of 10 percent of the total number of
approved dwelling units. The Agreement may be part of
a Development Agreement. Execution of the Affordable
Housing Agreement is required prior to first final map
approval.
11 . Outstanding Case Processing Costs: The Applicant shall
pay all outstanding case processing (Planning and
Engineering) , and all City legal service fees within
three (3) days of approval of this Vesting Tentative
Tract Map. The Applicant, permittee, or successors in
interest shall also submit to the Department of
Community Development a fee to cover costs incurred by
the City for Condition Compliance review of the
Tentative Map.
12. Submittal of Landscape Plans: Prior to issuance of a
Zoning Clearance for grading, Applicant shall submit a
complete Landscape Plan, together with specifications
and a separate Maintenance Plan. The Landscape Plan
shall encompass all areas required to be planted
consistent with these conditions of approval and the
adopted Mitigation Monitoring and Reporting Program
and shall incorporate the recommendations of the
required Tree Report, Habitat Enhancement Plan,
Habitat Restoration Plan, Riparian Study, and Fire
Hazard Reduction Program. The Landscape Plan shall be
reviewed by the City' s Landscape Architect Consultant
56
Resolution No. 2002-1938
Page 8
and approved by the Director of Community Development
prior to Zoning Clearance for grading permit, or first
Final Map approval, whichever occurs first. All of the
following Landscape Plan and inspection requirements
shall be complied with:
a. Prior to initial review of the landscape plans, the
Applicant shall deposit funds for plan review in an
amount specified by the Director of Community
Development. The Applicant shall deposit additional
funds upon request as needed to cover all landscape
plan check and inspection fees . Any deposit balance
remaining following final approval of the installation
shall be refunded to the Applicant.
b. The Landscape Plan shall include landscaping for the
Water Tank Lot No. 260.
c. All plant material shall conform to the current issue
of the American Standard for Nursery Stock published
by the American Association of Nurserymen.
d. Prior to final inspection by the City of Moorpark, the
Applicant' s landscape architect shall provide written
certification to the City, stating that the
installation is in substantial conformance with the
approved landscape plans.
e. Prior to final inspection by the City of Moorpark, the
Applicant shall provide a written certification for
the operation of the backflow device.
f. All backflow preventers, transformers, and other
above-grade utilities shall be appropriately screened
with walls and/or plantings.
g. The planting and irrigation design shall comply with
the State of California Model Water Efficient
Landscape Ordinance.
h. Prior to occupancy, the landscape installation shall
be approved by the Director of Community Development.
This approval shall be based upon written
certification of the landscape installation by the
City Landscape Consultant.
i. The landscape plan shall include planting and
irrigation specifications for manufactured slopes over
three (3) feet in height; any front yard landscaping
for residences that may be required by the approval of
an RPD; all common areas to be maintained by the
57
Resolution No. 2002-1938
Page 9
Homeowners' association including but not limited to
parkways, median strips and slope easement areas
located along Walnut Canyon Road and interior streets,
and habitat mitigation areas. Front Yard landscaping
shall be installed as determined by the Residential
Planned Development Permit for all lots in this
project as reviewed and approved by the Director of
Community Development prior to final inspection and
release of utilities.
j . The streetscape within each neighborhood shall be
fully landscaped consistent with rural aesthetic
requirements of the adopted Mitigation Monitoring and
Reporting Program and as determined appropriate by the
Director of Community Development.
k. Prior to issuance of a Zoning Clearance for grading
permit, the Applicant shall provide a Tree Report and
tree replacement plan consistent with City Municipal
Code requirements as a part of the Landscape Plan.
1. Additional trees shall be provided and located as
approved by the Director of Community Development to
offset the value of the trees to be removed,
consistent with City Municipal Code requirements. The
Landscape Plan shall also incorporate extensive tree
landscaping including specimen size trees as approved
by the Director of Community Development.
m. Invasive Plants listed in Table 4-2 of the
Environmental Impact Report shall be prohibited in all
landscaped areas.
n. The permanent removal of 10 California walnut trees
located within the California walnut woodland
community, shall be replaced at a 10: 1 mitigation
ratio by planting 100 California walnut trees on the
site or in the adjacent dedicated open space area, as
determined appropriate by the Director of Community
Development. The trees shall be planted predominantly
within the upland areas above the detention basin, in
upland areas within restored riparian corridors, and
in other upland areas within the dedicated open space
area. To ensure maximum survival rates, these
replacement trees shall be a minimum of fifteen-gallon
specimens that are six (6) feet tall with a one (1)
inch trunk caliper when planted. Larger tree sizes
may be required by the Director of Community
Development in accordance with the tree
58
Resolution No. 2002-1938
Page 10
replacement/enhanced landscaping requirements of the
City' s Municipal Code Title 12, Chapter 12 . 12.
Temporary irrigation will be required until trees have
become established.
o. The entrance to the proposed project shall be designed
to provide entry monumentation, appropriate
landscaping and signage at the entry point. An
orderly and consistent tree planting program shall be
established for both entrance roads to provide a
landscaping pattern along the entranceways that
resembles a rural ranch entry road design as approved
by the Director of Community Development.
p. Restoration landscaping along Walnut Canyon Road shall
emphasize reestablishment of existing native and non-
native habitat to enhance biological habitat value.
The landscaping program for areas visible from Walnut
Canyon Road shall emphasize restoration of biological
habitat and the use of tiered, tree lined streets to
minimize the effects of the urban design planned along
this perimeter of the project .
q. The eastern perimeter of the project shall be designed
to provide a substantial restoration of riparian
landscape features within the Walnut Canyon drainage
situated between Walnut Canyon Road and the project.
The drainage/detention facility slopes within both the
public and private debris/detention facilities within
the development shall be landscaped with native
riparian woodland plants (such as valley oak, live
oak, sycamore, poplar, and willow) . Similar
landscaping shall be provided in the drainage located
central to the project. Any landscape planting within
the public detention facility along Walnut Canyon Road
is subject to the approval of the Ventura County Flood
Control District.
r. Prior to approval of a Zoning Clearance for grading,
the Applicant shall prepare a Riparian Study for the
purpose of providing an enhanced riparian canopy along
the Walnut Canyon drainage consistent with
requirements of the Department of Fish and Game and
Army Corps of Engineers. The Riparian Study shall be
incorporated into the required Landscape Plan. All
riparian habitat planting shall be completed prior to
the first residential occupancy approval. The
restoration shall be performed in accord with current
best available restoration procedures . The Applicant
59
Resolution No. 2002-1938
Page 11
(or a designee) shall be responsible for maintaining
the restoration areas for a period of three years or
until the native grasses, riparian corridor, and
perimeter plantings are successfully established.
13. Paleontological Mitigation Plan: Prior to issuance of
a Zoning Clearance for a grading permit, a
paleontological mitigation plan outlining procedures
for paleontological data recovery shall be prepared
and submitted to the Director of Community Development
for review and approval . The development and
implementation of this program shall include
consultations with the Applicant ' s engineering
geologist . The monitoring and data recovery should
include periodic inspections of excavations to recover
exposed fossil materials. The cost of this data
recovery shall be limited to the discovery of a
reasonable sample of available material. The
interpretation of reasonableness shall rest with the
Director of Community Development.
14 . Habitat Enhancement Plan: Prior to issuance of a
Zoning Clearance for grading permit, the Applicant
shall complete and submit to the City for approval by
the Director of Community Development, a Habitat
Enhancement Plan (HEP) prepared by a qualified
biologist. The HEP shall apply to all existing or
created on-site oak woodlands, riparian areas,
detention basins, and fuel modification zones. The
purpose of this plan shall be to increase the
biological value of these areas . The native species
planting recommendations of the HEP shall be
incorporated into the Landscape Plan required by
Condition No. 12.
15. Habitat Restoration Plan: Prior to issuance of a
Zoning Clearance for a grading permit, a proposed
Habitat Restoration Plan (HRP) shall be developed to
ensure compensation for the loss of native habitats
that will occur as a result of project development.
The HRP shall emphasize the selective use of purple
needle grass (Stipa pulchra) and other native grasses
in the landscape plan for the property and include
(subject to approval of the Fire Department) , the use
of native plants common to Venturan Coastal Sage Scrub
(e.g. , Salvia apiana, Salvia leucophylla, Artemisia
California, Rhus integrifolia, Eriogonum fasciculatum,
Encelia California) in upland areas surrounding the
60
Resolution No. 2002-1938
Page 12
project that are disturbed as a result of project
development (geologic remediation, construction of
fire access roads, etc. ) . The recommendations of the
HRP shall be incorporated into the Landscape Plan
required by Condition No. 12 .
16. Preservation of oak tree: Prior to grading, the single
native oak tree which will be impacted by the project
shall be preserved on the site and shall be protected
from any adjacent grading or construction operations .
The measures that shall be taken to protect this oak
tree, and the other remaining protected trees on the
site, are provided in the Biological Resources
Mitigation Plan outlined in the Project Description of
the EIR (Chapter 4) . Verification of completion of
this requirement is subject to the review and approval
of the Director of Community The subdivider shall
submit a deposit, in an amount to be determined by the
Director of Community Development, to pay for review
of tree protection measures and to fund monitoring by
the City' s landscape consultant during grading.
17 . Field Survey: No earlier than 45 days and no later
than 20 days prior to construction or grading/site
preparation activities that would occur during the
nesting/breeding season of native bird species
potentially nesting on the site (typically February
through August) , the Applicant shall have a field
survey conducted by a qualified biologist, approved by
the Director of Community Development, to determine if
active nests of bird species protected by the
Migratory Bird Treaty Act and/or the California Fish
and Game Code are present in the construction zone or
within 100 feet (200 feet for raptors) of the
construction zone. A report of this field survey
shall be submitted to the Director of Community
Development. If active nests are found, a minimum 50-
foot (this distance may be greater depending on the
bird species and construction activity, as determined
by the biologist) fence barrier (subject to the review
and approval of the Director of Community Development)
shall be erected around the nest site and clearing and
construction within the fenced area shall be postponed
or halted, at the discretion of the biological
monitor, until the nest is vacated and juveniles have
fledged, as determined by the biologist, and there is
no evidence of a second attempt at nesting. The
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biologist shall serve as a construction monitor during
those periods when construction activities will occur
near active nest areas to ensure that no inadvertent
impacts on these nests will occur.
18. Fencing: Prior to issuance of the first Zoning
Clearance for Occupancy for the homes adjacent to Open
Space, fencing of sufficient height and design shall
be constructed between the edge of the fuel
modification zone and the natural areas to prevent
humans and domestic animals from entering open space
habitat areas. The Director of Community Development
may require the fencing to be constructed earlier if
needed to protect any open space area during
construction activities. Final fence design and height
is subject to the review and approval of the Director
of Community Development and consistent with criteria
establish by the California Department of Fish and
Game. Fencing will not be placed within the
California Department of Fish and Game and/or Army
Corps of Engineers jurisdictional areas of the site
unless required by those agencies. All fencing design
and materials shall be approved by the Director of
Community Development.
19. CC&R' s and Landscaping Easement Requirements:
Covenants, Conditions and Restrictions (CC&R' s) and
by-laws establishing one or more Homeowners'
Associations for the residential development shall be
prepared prior to Final Map Approval. CC&R' s shall be
subject to the review and approval of the Director of
Community Development and City Attorney. Language
shall be placed in the CC&R' s indicating that any
subsequent changes to the CC&R' s shall be subject to
the review and approval of the Director of Community
Development and City Attorney. All applicable
conditions of approval and mitigation measures shall
be incorporated into the CC&R' s as requirements,
including but not limited to the following provisions:
a. Identification of all Common Maintenance Areas
including maintenance of all multi-use trails, open
space lots, detention basin landscaping, parkway
landscaping for all streets, any shared driveways,
median in "A" Street, bus shelter along "A" Street,
private streets, storm drains, any fencing or walls
within common maintenance areas, recreational areas,
and any slope directly affecting drainage or
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residential street facilities. The draft CC&R' s shall
be submitted to the Director of Community Development
and the City Attorney for review and approval prior to
approval of the first phase of the Final Map by the
City Council and the subdivider shall be required to
pay all costs associated with such review. All
applicable Tentative Map and Residential Planned
Development (RPD) and conditions of approval shall be
highlighted in the copies of the CC&R' s submitted for
City review. Prior to the sale of any lots, the CC&R' s
shall be approved by the State Department of Real
Estate and then recorded. Approval_ of the City shall
not be construed to mean that the City has any
obligation to enforce CC&R' s. The Homeowners'
Associations may modify the CC&R' s only to the extent
that they do not conflict with the terms of approval
of the Tentative Tract Map, approved Residential
Planned Development Permit or any approved Development
Agreement. Sixty (60) days notice must be given to the
City of the intent to modify CC&R' s. Further, it is
the sole responsibility of the Homeowners'
Associations to enforce the CC&R' s.
b. Language indicating that where feasible, the use of
recycling materials shall be included in the
construction of the project .
c. Provisions that the Homeowners' Association shall be
responsible for implementing and maintaining the
vegetation management requirements of the Fire Hazard
Reduction Program in perpetuity. As required by the
Fire Department fuel modification plan zones are
proposed to be retained in as natural a state as
safety and fire regulations will permit. The zones
shall be designed by and planted under the supervision
of a landscape architect with expertise in native
plant materials and habitat restoration, with the
approval of the Director of Community Development, to
appear as a transition between the built environment
and natural open space. Final approval of this
Program by the County Fire Prevention District and
Director of Community Development shall be required
prior to the recordation of the first Final Map.
Appropriate language shall be included on the Final
Map indicating the boundary of all areas of fuel
modification hazard zones .
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d. Provisions prohibiting human, domestic animal,
agricultural, and motorized vehicle use in preserved
designated natural open space areas, except that
horses, non-motorized vehicles and pedestrians are
allowed on designated trails. In addition, provisions
shall be included prohibiting tree houses; play
structures; vehicle parking or storage; agricultural
use; wireless communication facilities; sale of
easements for residential use purposes; extraction of
subsurface mineral resources, excavation, drilling,
pumping, mining, or similar activity; and all other
development restricted by recorded easements.
Provisions shall also require the Homeowners'
Association to maintain interpretative signs stating
the sensitivity of natural habitats and the need to
minimize impacts on the natural areas. The signs
shall also state that visitors are entering a
protected natural area and that all pedestrians must
remain on designated trails, all pets must be
restrained on a leash, and that it is illegal to harm,
remove, and/or collect plants and/or animals .
e. Invasive plants as listed in Table 4 .2 of the Final
Environmental Impact Report shall be prohibited. This
list of prohibited plants shall be included within the
CC&R's .
f. Provisions that individual front yard landscaping must
include a minimum of two (2) 24" box trees as a part
of private front yard landscaping.
g. Provisions requiring that ultra-low water consumption
plumbing fixtures shall be installed consistent with
City Ordinance No. 132 . The CC&R' s shall also include
a requirement for the following energy saving devices
or construction features:
i. Stoves, ovens, and ranges, when gas fueled shall
not have continuous burning pilot lights.
ii . All thermostats connected to the main space-
heating source shall have night setback features.
iii. Kitchen ventilation system shall have automatic
dampers to ensure closure when not in use.
h. Language restricting front and rear yard lighting to
be consistent with the City' s Lighting Ordinance.
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i. Language that any modifications to structures shall be
designed in accordance with the approved RPD Design
Guidelines for RPD 99-02.
j . Language to insure that no sheet flow of drainage
occurs between lots located within or adjacent to the
project.
k. Language requiring the Homeowners' Association to be
responsible for the maintenance of drainage facilities
including all NPDES requirements unless such
structures or facilities are accepted into the master
flood protection system by the Ventura County Flood
Control District.
1. Language prohibiting use of roofing material made of
wood or asphalt shingles and requiring tile roofs as
determined by the City as roofing materials for all
structures.
m. Language that discourages excessive noise generating
activities in garages consistent with adopted
community noise standards. Garages shall remain
permanently available for the purpose of automobile
parking.
n. Language requiring the Homeowner' s Association to
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such
graffiti removal shall be accomplished to the
satisfaction of the City.
o. Language requiring that all property areas be
maintained free of litter/debris.
p. Language requiring that all on-site storm drains,
swales and terrace drains be cleared at least twice a
year, once immediately prior to October 15 (the rainy
season) and once in January. Additional cleaning may
be required by the City Engineer.
q. Language requiring that private roads and parking lots
be maintained free of litter/debris. Sidewalks,
parking lots shall be swept regularly to prevent the
accumulation of litter and debris . When swept or
washed, debris must be trapped and collected to
prevent entry to the storm drain system. No cleaning
agent may be discharged to the storm drain. If any
cleaning agent or degreaser is used, wash water shall
not discharge to the storm drains; wash water should
be collected and discharged to the sanitary sewer.
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Discharges to the sanitary sewer are subject to the
review, approval and conditions of the wastewater
treatment plant receiving the discharge.
r. Language requiring that all exterior metal building
surfaces be coated and sealed with rust inhibitive
paint to prevent corrosion and release of metal
contaminants into the storm drain system.
s. Language requiring that landscaping be properly
maintained with efficient irrigation to reduce runoff,
promote surface filtration, and minimize the use of
fertilizers and pesticides, which can contribute to
urban runoff pollution.
t. Language requiring compliance with the City approved
fence/wall plan.
u. Language requiring the Homeowners' Association to be
responsible for the maintenance of private streets,
including water tank access and secondary fire access
roads, and private street lighting.
v. Language requiring a photovoltaic system to be
installed and maintained for each residential dwelling
unit, if the City adopts a policy and standards for
photovoltaic systems prior to January 31, 2004, or
approval of the first Final Map, whichever is later.
w. Language requiring that concurrent with City or other
City-approved agency acceptance of fee title for Lots
251 and 263, the Homeowners' Association shall submit
an annual payment to City for the purposes of
permanent management, maintenance, and mitigation
monitoring for open space Lots 251 and 263. The amount
of the annual payment for management, maintenance, and
mitigation monitoring shall be as adopted by the City
Council in the West Pointe Homes, Inc. Development
Agreement and in the City Council approved
Implementation Plan for the Lot 251 trail staging
area, and shall be incorporated into the CC&R' s. The
establishment of the homeowners association shall
include provisions for this perpetual obligation.
20. Fence/Wall Plan: A fencing, perimeter, gate, and
privacy barrier wall plan, complete with related
landscaping details, identifying the materials to be
used and proposed wall heights and locations shall be
submitted to and approved by the Director of Community
Development prior to the issuance of a Zoning
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Resolution No. 2002-1938
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Clearance for grading. The approved fence/wall plan
shall be incorporated into the CC&R' s. All
fences/walls along lot boundaries shall be in place
prior to occupancy of each lot, unless timing for
installation is otherwise stated in these conditions.
Where applicable prior to approval of the final
fence/wall plan, the Director of Community Development
shall approve the connection of property line wall
with existing fences and or walls on adjacent
residential properties. The Developer is required at
his/her sole expense to connect or reconstruct
adjacent residential walls and or fences to the
project perimeter wall utilizing the same type of
material that comprises existing walls and or fences
that are to be connected to the project perimeter
wall.
21 . Sight Distance on Fence/Wall and Landscaping Plans:
The Developer shall submit fence/wall and landscaping
plans showing that provisions have been taken to
provide for and maintain proper sight distances. All
fences, walls and other structures shall be submitted
to and approved by the Director of Community
Development. These shall include all landscape walls
and/or sound walls required by the MMRP adopted for
the project whether on-site or off-site.
22. Final Design: The final design and location of all
walls and fences, streetscape elements, urban
landscaping are subject to the approval of the
Director of Community Development.
23. Bus Turn-out: The applicant shall include one bus stop
turnout in the final street improvement plans for both
sides of "A" Street. The final location of bus
turnouts and related facilities, including bus
shelter, shall be approved by the City Engineer,
Director of Community Development, and Director of
Community Services.
24 . Street Intersection Treatments: Prior to approval of a
Zoning Clearance for a grading permit, any special
street intersection treatments shall be approved by
the City Engineer and the Director of Community
Development.
25. Open Space/Conservation Dedications: At the time of
approval of the first Final Map, greenbelts, open
space areas, landscaped areas, and trails lying within
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Resolution No. 2002-1938
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each portion of the Property (not covered by any other
approval requirement) shall be irrevocably offered for
dedication, including transfer of development rights,
to City in a form approved by the City Attorney, or to
one or more Homeowners' or property owners
associations as determined by the City Council, as a
condition of recordation of the final subdivision map
or parcel map defining the area within which said
areas are located. Greenbelts, buffers and open space
areas may include natural open space areas for which
no development use is proposed, wetlands, storm water
detention areas, landscaping and decorative planting
areas as determined by the Director of Community
Development.
Concurrently with recordation of the first final map
for Tract No. 5187, Developer agrees to grant, in a
form acceptable to City, an open space easement to
retain Lots 254, 255, 257, 258, 259, 260, 261, 262,
264, and 265, as shown on the Vesting Tentative Map,
in a predominantly open space condition, and transfer
development rights except for a water tank use for Lot
260 and detention basin use for Lots 2.57, 258, and
259.
Developer shall dedicate Lots 251 and 263, as shown on
Vesting Tentative Tract Map No. 5187, in fee simple
interest to City for the purposes of permanent open
space preservation. Such dedication shall be in the
form of an irrevocable offer of dedication on the
first final map for Tract No. 5187, or at City' s sole
option, fee title transfer by grant deed and legal
description may be requested by City to occur prior to
approval of a Grading Permit for Tract No. 5187.
Developer shall make improvements at its sole cost and
expense to the trail staging area on Lot 251 of Tract
No. 5187. The improvements shall be as determined by
the City at its sole discretion and shall include but
not be limited to the following: preparation of a site
plan, . grading, installation of a parking lot with
paving material as determined by the City (either
asphalt, concrete, or decomposed granite, or similar
material) , water and electricity services, security
lighting, and fencing and gates. Improvements shall
be completed to the satisfaction of the City prior to
occupancy of the 165th residential unit in Tract No.
5187 . The Implementation Plan shall include a payment
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Resolution No. 2002-1938
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amount by the Developer to provide for the perpetual
maintenance of the trail staging area. Said payment
shall be made prior to occupancy of the 165th
residential unit for Tract 5187 . The Implementation
Plan shall also include provisions for the Developer
to construct a temporary trail staging area within the
"A" Street right-of-way south and west of the future
intersection of "A" Street and "E" Street of Tract
5187.
The open space easement transferring development
rights shall preclude all development other than for a
water tank use for Lot 260 and detention basin use for
Lots 257, 258, and 259. Prohibited development on land
zoned open space includes but is not limited to tree
houses, play structures, vehicle parking or storage,
agricultural use, wireless communication facilities,
sale of easements for residential use purposes, and
extraction of subsurface mineral resources,
excavation, drilling, pumping, mining, or similar
activity. The limitations and exclusions described in
this subsection shall be included in the open space
easements.
26. Prior to Final Map approval for any phase, the
Applicant shall provide an irrevocable offer to
dedicate to the City any easements required for the
City to access and maintain any landscaped areas or
drainage improvements outside of the public right-of-
way, which have been designated to be maintained by
the City. In addition, prior to Final Map approval for
any phase, the Applicant shall also provide to the
City a signed Petition/Waiver a) requesting formation
of an Assessment District to fund future costs for the
maintenance of any landscaping and/or drainage
facilities designated to be maintained by the City,
and b) waiving all rights conferred by Proposition 218
with regard to the right to protest any such
assessments. Said Petition and Waiver shall include,
as an Exhibit, an Engineer' s Report fully setting
forth a description of the assessment district and the
assessments, consistent with the requirements of the
California Streets and Highways Code. Said report
shall be prepared by a consultant to be retained by
the City. The Applicant shall pay to the City a $5, 000
advance to fund the cost of the Engineer' s Report . In
the event it is determined that there will be no
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landscaping or extraordinary drainage improvements to
be maintained by the City, the Director of Community
Development may waive this condition with the
concurrence of the City Manager.
27. Prior to Final Map approval, the City Council, shall
determine which areas shall be maintained by a
Homeowners' Association, maintenance assessment
district, or other entity.
28 . Trail easements: The Final Map shall indicate the
location of all trail and sidewalk easements. The
minimum widths of said easements shall be twenty (20)
feet wide total as shown or as otherwise approved in
conjunction with the approved Vesting Tentative Map.
The minimum width of the constructed multi-use trail
shall be twelve (12) feet and the minimum width of the
constructed sidewalk shall be five (5) feet. Fencing
separating the trail and sidewalk shall be installed
to the specifications of the Director of Community
Development. Additional fencing shall be required when
the trail abuts the designated Open Space preserve.
The trail shall be surfaced with decomposed granite or
other suitable material as approved by the City
Engineer and Director of Community Development. The
sidewalk shall be constructed to City Standards as
determined by the City Engineer. The public trail
easement adjacent to Walnut Canyon Road (Highway 23)
shall be irrevocably offered for dedication to the
City of Moorpark. Prior to recordation, the subdivider
shall bond for construction of the proposed trails at
150% of the estimated cost of the improvements . Once
the trails have been built, the Developer shall
maintain the trails for one (1) year and bonds shall
remain in effect for a minimum of two (2) years . After
that time, the Homeowners' Association, maintenance
district, or similar entity shall be responsible for
maintaining the trails. The maintenance entity shall
be determined by the City Council prior to first Final
Map approval . The trail system design shall be
submitted to the Director of Community Development and
shown on the Final Map prior to recordation. Trail
links shall be provided to link surrounding
subdivisions and the regional trail system shall be
properly designated and prohibit the use of motorized
vehicles . The Developer shall enter into an agreement
with the City to assure the maintenance
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Resolution No. 2002-1938
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responsibilities are conferred to one of the entities
as described within this condition.
The proposed trail system shall be designed to retain
the integrity of the proposed open space preserve.
Trail systems developed within the project shall not
be illuminated, except if the trail is functioning in
lieu of a sidewalk. The north-south trail alignment
along "A" Street shall link the east-west trail system
along "C" street in the Moorpark Country Club Estates
project (VTT 4928) via an easement acquired by the
Developer across the private property in between Tract
4928 and 5187 . The trail system shall traverse the
detention basin north of "A" Street and be useable
year round. The trail system shall connect to the
Hitch Ranch (Specific Plan No. 1) and other areas
south of the West Pointe project . The Developer shall
be responsible for developing this trail linkage and
for construction of the trail connections. If
lighting is required for a trail, plans shall be
approved by the City Engineer, Director of Community
Services, Director of Community Development and Police
Department and installed prior to the first
residential occupancy approval.
29. Developer at its sole cost and expense shall construct
the public trail system identified on the VTTM 5187
and as described in these conditions, including City
plan check, inspection and City administrative costs.
Developer shall also at its sole cost and expense,
prepare a design and plans, and specifications for
submittal to the City. The Director of Community
Development and City Engineer shall approve design and
plans and specifications at its sole discretion. The
required improvements shall also include construction
of an equestrian crossing over Walnut Canyon Road as
determined necessary by the City prior to approval of
the first Final Map.
30. All water impoundment (s) shall be maintained in a
manner which will not create mosquito breeding
sources.
31. Venturian Coastal Sage Scrub Community Research
Contribution: Prior to approval of the final map, the
Developer shall pay to the City a contribution as
specified in the MMRP.
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32. Fish and Game Fee Requirement - Within two (2) days
after the City Council adoption of a resolution
approving this project, the Applicant shall submit to
the City of Moorpark a check for a single fee of
$875. 00 plus a $25. 00 filing fee payable to the County
of Ventura, to comply with Assembly Bill 3158, for the
management and protection of Statewide Fish and
Wildlife Trust Resources. Pursuant to Public Resources
Code Section 21089; and Fish and Game Code Section
711 .4; the project is not operative, vested or final
until the filing fees are paid.
33. Miscellaneous Fees: Applicant shall pay to the City
capital improvement, development, and processing fees
at the rate and amount in effect at the time the fee
is required to be paid. Said fees shall include but
not be limited to Library Facilities Fees, Police
Facilities Fees, Fire Facilities Fees, entitlement
processing fees, and plan check and permit fees for
buildings and public improvements . Further, unless
specifically exempted by City Council, Applicant is
subject to all fees imposed by City as of the issuance
of the first permit for construction and such future
fees imposed as determined by City in its sole
discretion so long as said fee is imposed on similarly
situated properties .
34 . Prior to approval of the Final Map, the Applicant
shall pay City an amount to cover the costs associated
with a crossing guard for five years at the then
current rate when paid, plus the pro-rata cost of
direct supervision for one crossing guard location and
staff' s administrative costs (calculated at fifteen
percent of the above costs) .
35. During construction, Developer shall allow all persons
holding a valid cable television franchise issued by
the City of Moorpark ("Cable Franchisees") to install
any equipment or infrastructure (including conduit,
power supplies, and switching equipment) necessary to
provide Franchisee' s services to all parcels and lots
in the Project. Developer shall provide notice of its
construction schedule to all Cable Franchisees
sufficiently in advance of construction to allow the
Cable Franchisees to coordinate installation of their
equipment and infrastructure with that schedule. City
shall provide Developer a list of Cable Franchisees
upon Developer' s request .
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In the event the cable television services or their
equivalent are provided to the Project or individual
lots under collective arrangement or any collective
means other than a Cable Franchisee (including, but
not limited to, programming provided over a wireless
or satellite system contained within the Project) , the
HOA shall pay monthly to City an access fee of five
percent (5%) of gross revenue generated by the
provision of those services, or the highest franchise
fee required from any City Cable Franchisee, whichever
is greater. "Gross revenue" is as defined in Chapter
5. 06 of the Moorpark Municipal Code and any successor
amendment or supplementary provision thereto.
B. COMMUNITY SERVICES DEPARTMENT CONDITIONS:
36. Solid Waste Management Plan: Prior to approval of the
final map, a Solid Waste Management Plan shall be
prepared and submitted to the City' s Community
Services Department Analyst responsible for Solid
Waste Management Programs for review and approval.
This plan, which shall include specific measures to
reduce the amount of refuse generated by construction
of the proposed project, shall be developed in
consultation with the City of Moorpark Community
Services Department to meet waste reduction
requirements established by the California Integrated
Waste Management Act of 1989.
37 . Park and Recreational Facilities Fee: Prior to
approval of Zoning Clearance for residential unit
building permit, the subdivider shall pay fees in
accordance with Section 8297-4 of the City' s
Subdivision Ordinance (Parks and Recreation
Facilities) .
C. CITY ENGINEER CONDITIONS:
PRIOR TO THE FINAL MAP APPROVAL, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED (UNLESS ANOTHER TIMING
REQUIREMENT IS INDICATED IN THE FOLLOWING CONDITIONS)
38 . The project shall be designed to place all required
water and sewer conveyance facilities in Walnut Canyon
Road. The Applicant shall obtain all necessary right-
of-way and easements to allow for this alignment.
39. The Developer shall indicate in writing to the City
the disposition of any wells that may exist within the
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Resolution No. 2002-1938
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project. If any wells are proposed to be abandoned, or
if they are abandoned and have not been properly
sealed, they must be destroyed or abandoned per
Ventura County Ordinance No. 2372 or Ordinance No.
3991 and per Division of Oil and Gas requirements.
Permits for any well reuse (if applicable) shall
conform to Reuse Permit procedures administered by the
County Water Resources Development Department.
40. The Applicant shall comply with all pertinent County
of Ventura Public Works Department water and sewer
connection regulations implemented by the County of
Ventura Public Works Department Waterworks District
No. 1 .
41. All existing and proposed utilities shall be under
grounded as approved by the City Engineer, including
undergrounding of all utility poles along the east and
west sides of Walnut Canyon Road within the area
designated for Tract 5187 improvements, consistent
with Condition 58e.
42. In accordance with Business and Professions Code 8771
the street improvement plans shall provide for a
surveyors statement on the plans, certifying that all
recorded monuments in the construction area have been
located and tied out or will be protected in place
during construction.
43. Archaeological or Historical Finds: If any
archaeological or historical finds are uncovered
during excavation operations, all grading or
excavation shall cease in the immediate area, and the
find left untouched. The permittee shall assure the
preservation of the site; shall obtain the services of
a qualified paleontologist or archaeologist, whichever
is appropriate to recommend disposition of the site;
and shall obtain the Director of Community
Development ' s written concurrence of the recommended
disposition before resuming development. The Developer
shall be liable for the costs associated with the
professional investigation.
44 . All residential and open space areas to be commonly
maintained by a Homeowners' Association or dedicated
to a public agency for open space purposes as
determined by the City, shall be designated as
separate lettered lots on each phase of the
subdivision map.
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45. Developer shall submit current title reports to assure
that all blanket easements are vacated over all the
lots and streets.
46. Prior to approval of the first Final Map, a study
shall be submitted to the City Engineer to show
roadway alignments and extent of slope easements
needed. In addition, the study shall include the
potential future SR-118 bypass alignment (North Hills
Parkway) and grades and the effect on any proposed
onsite slopes, pads, drainage facilities, roadway
alignments and any other improvements, to ensure
protection of adequate future right-of-way for the
North Hills Parkway. The Developer shall provide an
irrevocable offer of dedication of right of way for
slope easements to the City for the North Hills
Parkway for all affected lots paralleling and
extending to the easterly and southerly project
boundaries (Lots 4-12 of the Vesting Tentative Map) .
The irrevocable offer of dedication shall be provided
to the satisfaction of the City Attorney, City
Engineer, and Director of Community Development on the
first Final Map to be recorded.
Developer is required to include within the Final
Subdivision Public Report issued by the Department of
Real Estate of the State of California, which requires
notification and disclaimer to all buyers of lots in
Tract 5187, a City Attorney approved notification of
the future State Route 118 bypass (referred to as the
North Hills Parkway) and location of the 200-foot
right-of-way required by the General Plan Circulation
Element for the State Route 118 bypass, the four-lane
widening proposed for "A" Street, and earthquake fault
disclosure in the form of a "Natural Hazards
Disclosure Statement. " The Public Report and
Disclosure Statement will be signed by all future
buyers to document acknowledgment of disclosure.
47. Utilities, facilities and services for the project
will be constructed in conjunction with its phased
development as approved by the Director of Community
Development and City Engineer.
48 . The Developer will be responsible for the construction
of all onsite and offsite sanitary sewer faculties and
connections required to serve the project. The
Developer shall enter into an agreement with Ventura
County Water Works District No. 1 (VCWWD) to construct
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Resolution No. 2002-1938
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the improvements and the system will be dedicated to
VCWWD No. 1 for maintenance.
49. Prior to Final Map recordation of any phase, the City,
Calleguas Municipal Water District and Water District
No. 1 shall approve final plans for water
distribution. The Developer shall either construct the
required distribution facilities or enter into an
agreement with the Calleguas Municipal Water District
and/or County Waterworks District No. 1 stating when
and how facilities will be funded and constructed. The
system will be designed and constructed to meet the
requirements of the proposed land uses and applicable
City, Calleguas and VCWWD No. 1 standards.
50. Provisions for electrical, natural gas, telephone and
solid waste collection services and cable television
shall be made to the development. Spare ducting for
future communication facilities shall be provided
across each street at each street intersection. The
ducts will be extended to pull box/vault structures
complete with pull rope in place. The pull box/vault
size and spacing shall be to the satisfaction of the
City Engineer. "A" Street intersections shall be
provided with (8) eight 4" ducts and all other street
intersections shall be provided with (4) four 4"
ducts.
51. If any of the improvements which the Applicant is
required to construct or install are to be constructed
or installed upon land in which the Applicant does not
have title or interest sufficient for such purposes,
the Applicant shall do all of the following at least
60 days prior to the filling of the final or parcel
map for approval pursuant to Governmental Code Section
66457:
a. Notify the City of Moorpark (hereinafter City) in
writing that the Applicant wishes the City to acquire
an interest in the land, which is sufficient for the
purposes as provided in Governmental Code Section
66462. 5 .
b. Supply the City with (I) a legal description of the
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250. 310 of
the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City
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Resolution No. 2002-1938
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which expresses an opinion as to the fair market value
of the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
c. Enter into an agreement with the City, guaranteed by
such cash deposits or other security as the City may
require, pursuant to which the Applicant will pay all
of the City's cost (including, without limitation,
attorney' s fees and overhead expenses) of acquiring
such an interest in the land.
52. Prior to issuance of the first Certificate of
Occupancy, construction of Walnut Canyon Road, and "A"
Street improvements shall be completed to the
satisfaction of the City Engineer. Phasing of "A"
Street improvements will require City Council approval
of a phasing plan in conjunction with first Final Map
approval.
53. Prior to acceptance of public improvements and surety
(bond) reduction and/or exoneration, the following
requirements shall be satisfied:
a. Reproducible centerline tie sheets shall be submitted
to the City Engineer's office.
b. Sufficient surety in a form and in an amount
acceptable to the City guaranteeing the public
improvements shall be provided, and shall remain in
place for one year following acceptance by the City.
c. Original "as built" plans will be certified by the
Developer' s Registered Civil Engineer and submitted
with two sets of blue prints to the City Engineer's
office. Although grading plans may have been
submitted for checking and construction on sheets
larger than 22" X 36", they must be resubmitted as
"record drawings" in a series of 22" X 36" Mylar' s
(made with proper overlaps) with a title block on each
sheet. Submission of "as built" plans is required
before a final inspection will be scheduled.
54 . Geotechnical Engineering Requirements:
Prior to submittal of grading plans for plan check:
The Applicant shall have a geotechnical report
prepared to the satisfaction of the City Engineer and
at the minimum the geotechnical report shall address
the following:
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a. The Applicant or subsequent developers shall contract
with an engineering geologist and geotechnical
engineer, registered in California, to quantify the
engineering properties of the on-site soil materials,
to assess the potential for weak soils or bedding
layers which may affect cut and/or natural slopes, and
to verify that grading planned within landslide areas
will be remediated to result in an increase in
landslide stability consistent with factors of safety
approved by the City' s consulting Geotechnical
Engineers. This geotechnical study shall, as deemed
necessary by the City Engineer and consulting_ City
Geologist and Geotechnical Engineer, further assess
slopes within or adjacent to proposed residential
development areas (depending on the final
configuration of proposed individual residential
parcels) . Further assessment must also address
stability and mitigation measures for slopes within
residential areas, basins, and the water tank site and
access road, as well as potential off-site impacts
along access corridors. The findings and
recommendations of the geotechnical assessment shall
be incorporated into the final design for both the
residential and nonresidential components of the
project.
b. The Applicant will determine with subsequent
geotechnical studies, the location of any landslide.
Landslides shall be removed and recompacted during
grading to the satisfaction of the City Engineer and
the City' s consulting geotechnical engineers.
Alternatively, landslides or unstable slopes can
potentially be stabilized by constructing buttress or
stabilization fill slopes to reduce their potential
for future downslope movement. All cut and fill
slopes, foundations and structures, shall be designed
and constructed to comply with Chapter 70 of the
Uniform Building Code (UBC) and applicable City
Grading Ordinances. Modifications to these standards
shall be permitted only with the written concurrence
of the City Engineer, consistent with City Council
policies, and the City' s consulting geologist.
c. An engineering geologist shall define the final
grading requirements for residential and recreational
facilities. All geological recommendations shall be
reviewed and approved by the City Engineer and the
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Resolution No. 2002-1938
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City's consulting geologist. Foundation designs in
areas where fault traces were identified that have
been deemed inactive should address enhancing the
stability of homes in the event minor movement occurs
as a secondary effect of ground shaking.
d. The Developer shall cause an engineering geologist to
study all unanticipated faults exposed during grading
to detect any evidence of possible recent activity.
No structure shall be placed within 50 feet of any
fault trace.
e. All habitable structures shall be designed to
accommodate structural impacts from 0. 12g-ground
acceleration or other standard factor of safety deemed
applicable to this project. The standards shall be
prepared to the satisfaction of the City Engineer.
f. The Developer shall contract with an engineering
geologist to prepare grading recommendations,
foundation design criteria, and other recommendations
regarding detailed project design. As a component of
required subsequent geologic studies, a soils engineer
shall evaluate the condition of alluvium and
unconsolidated soils. Relatively loose soils or
alluvium shall be densified or removed and recompacted
prior to placement of structures upon such soils .
Other mitigation measures shall be incorporated into
the final project design as required by the geological
assessment. All geological recommendations shall be
to the satisfaction of the City Engineer.
g. All habitable structures shall be designed to current
UBC requirements or the City approved geotechnical
report requirements for the project, whichever
standard is most restrictive.
h. The Director of Community Development and City
Engineer shall review and approve the project' s
conformance with contour grading concept design
consistent with recommendations in the City' s Hillside
Management Ordinance and City Council Resolution No.
2000-1874 . Grading permits shall not be issued until
40 scale grading plans have been developed that
incorporate contour grading techniques . The project
shall be constructed in accord with the approved
grading plans.
i. The Developer shall submit to the City Engineer for
review and approval, a detailed Geotechnical
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Resolution No. 2002-1938
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Engineering Report certified by a California
Registered Civil Engineer. The geotechnical
engineering report shall include an investigation with
regard to liquefaction, expansive soils, and seismic
safety. Also, the report shall discuss the contents
of the soils as to the presence or absence of any
hazardous waste or other contaminants in the soils.
Should additional geotechnical studies be generated or
required as a result of the geotechnical
investigation, additional plan check fees will be
required.
j . Review of the geotechnical engineering report, by the
City' s Geotechnical Engineer, is required. The
Developer shall reimburse the City for all costs
including the City' s administrative fee for this
review.
k. All recommendations included in the approved
geotechnical engineering report shall be implemented
during project design, grading, and construction in
accordance with the approved project. The City's
geotechnical consultant shall review all plans for
conformance with the soil engineer' s recommendations.
Prior to the commencement of grading plan check, the
Developer' s geotechnical engineer shall sign the plans
confirming that the grading plans incorporate the
recommendations of the approved soil report (s) .
55. General Grading Requirements:
a. The Developer shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent
with the approved Tentative Map, prepared by a
Registered Civil Engineer, shall enter into an
agreement with the City of Moorpark to complete public
improvements and shall post sufficient surety
guaranteeing the construction of all improvements.
b. Concurrent with submittal of the rough grading plan an
erosion control plan shall be submitted to the City
for review and approval by the City Engineer. The
design shall include measures for hydro seeding on all
graded areas within 30 days of completion of grading
unless otherwise approved by the City Engineer.
Reclaimed water shall be used for dust control during
grading, if available from Ventura County Waterworks
District No. 1 .
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c. The fuel injection of all diesel engines used in
construction equipment should be retarded two degrees
from the manufacturer' s recommendation.
d. ROC, NOX and dust during construction grading will be
suppressed by the following activities :
i. Equipment not in use for more than ten minutes
should be turned off.
ii. All diesel engines used in construction equipment
should use high-pressure injectors.
iii. All diesel engines used in construction equipment
should use reformulated diesel fuel .
iv. Construction grading shall be discontinued on
days forecasted for first stage ozone alerts
(concentration of 0 . 20 ppm) as indicated at the
Ventura County APCD air quality monitoring
station closest to the City of Moorpark. Grading
and excavation operations shall not resume until
the first stage smog alert expires .
v. All material transported off-site shall be either
sufficiently watered or securely covered to
prevent excessive amounts of dust.
vi. All active portions of the site shall be either
periodically watered or treated with
environmentally safe dust suppressants to prevent
excessive amounts of dust.
vii. Facilities shall be constructed and operated in
accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District.
viii. Large-scale construction vehicles and trucks
exiting the project site during the mass grading
period shall be required to have tire wash-downs
to minimize the dispersion of dust onto local
streets .
e. Prior to issuance of the initial grading permit, the
Developer shall prepare an Erosion and Sediment
Control Plan to address construction impacts and long-
term operational effects on downstream environments
and watersheds. A Certified Erosion and Sediment
Control Professional or a qualified Civil Engineer
shall prepare this plan. The use of jute or other
artificial cover approved by the City Engineer will be
required for all graded slopes during the period of
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Resolution No. 2002-1938
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October 15 through, and inclusive of April 15.
Proposed management efforts shall include (but not be
limited to) provisions for the use of vegetative
filtering enhanced by creek bed reconstruction,
preparation of detailed erosion control plans,
appropriate use of temporary debris basins, silt
fences, sediment traps and other erosion control
practices. The proposed plan shall also address all
relevant NPDES requirements and recommendations for
the use of best available technology. The erosion
control plan shall be reviewed and approved by the
Director of Community Development and City Engineer
prior to issuance of grading permits for mass grading.
Sediment yields in the watersheds within the project
boundary shall be computed for pre-development and
post-development conditions in accord with methods
outlined in Erosion and Sediment Yields in the
Transverse Ranges, Southern California (United States
Geological Survey, 1978) . These estimates of sediment
yield shall be completed prior to initiating final
design of the regional flood control debris/detention
basin facility situated in the Walnut Canyon Drainage
along the easterly project boundary.
f. During clearing, grading, earth moving or excavation
operations regular watering shall control dust . In
addition the following measures shall apply:
i. Water all site access roads and material
excavated or graded on or off-site to prevent
excessive amounts of dust . Watering shall occur
a minimum of at least two times daily, preferably
in the late morning and after the completion of
work for the day. Additional watering for dust
control shall occur as directed by the City. The
grading plan shall indicate the number of water
trucks that will be available for dust control at
each phase of grading.
ii . Cease all clearing, grading, earth moving, or
excavation operations during periods of high
winds (greater than 20 15 mph averaged over one
hour) . The contractor shall maintain contact with
the Air Pollution Control District (APCD)
meteorologist for current information about
average wind speeds. Water or securely cover all
material transported off-site and on-site to
prevent excessive amounts of dust.
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iii. Keep all grading and construction equipment on or
near the site, until these activities are
completed.
iv. All employees involved in grading or excavation
operations during dry periods shall use facemasks
to reduce inhalation of dust.
v. The area disturbed by clearing, grading, earth
moving, or excavation operations shall be
minimized to prevent excessive dust generation.
vi. Wash off heavy-duty construction vehicles before
they leave the site. During clearing, grading,
earth moving or excavation operations regular
watering shall control dust. Water all site
access roads and material excavated or graded on
or off-site to prevent excessive amounts of dust.
Watering shall occur a minimum of at least two
times daily, preferably in the late morning and
after the completion of work for the day.
Additional watering for dust control shall occur
as directed by the City. The grading plan shall
indicate the number of water trucks that will be
available for dust control at each phase of
grading.
vii. Cease all clearing, grading, earth moving, or
excavation operations during periods of high
winds (greater than 20 15 mph averaged over one
hour) . The contractor shall maintain contact with
the Air Pollution Control District (APCD)
meteorologist for current information about
average wind speeds. Water or securely cover all
material transported off-site and on-site to
prevent excessive amounts of dust.
g. After clearing, grading, earth moving, or excavation
operations, and during construction activities,
fugitive dust emissions should be controlled using the
following procedures:
i. Apply non-hazardous chemical stabilizers to all
inactive portions of the construction site. When
appropriate, seed exposed surfaces with a fast
growing, soil binding plant to reduce wind
erosion and its contribution to local particulate
levels .
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Resolution No. 2002-1938
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ii . Periodically, or as directed by the City
Engineer, sweep public streets in the vicinity of
the site to remove silt (i.e. , fine earth
material transported from the site by wind,
vehicular activities, water runoff, etc. ) , which
may have accumulated from construction
activities.
iii . During smog season (May-October) the City shall
order that construction cease during Stage III
alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and
protect equipment operators from excessive smog
levels. The City, at its discretion, may also
limit construction during Stage II alerts.
h. Temporary erosion control measures shall be used
during the grading and construction process to
minimize water quality effects. Specific measures to
be applied shall be identified in the project Erosion
and Sediment Control Plan. The following water quality
assurance techniques shall be included in the erosion
and control; plan, but not limited to the following,
as deemed necessary:
i. Minimize removal of existing vegetation.
ii . Provide temporary soil cover, such as hydro
seeding, mulch/binder and erosion control
blankets, to protect exposed soil from wind and
rain.
iii. Incorporate silt fencing, berms, and dikes to
protect storm drain inlets and drainage courses .
iv. Rough grade contours to reduce flow
concentrations and velocities .
v. Divert runoff from graded areas, using straw
bale, earth, and sandbag dikes.
vi. Phase the grading to minimize soil exposure
during the October through April rainy season.
vii . Install sediment traps or basins .
viii. Maintain and monitor erosion/sediment controls .
i. To minimize the water quality effects of permanent
erosion sources, the following design features shall
be incorporated into the project grading plan to the
satisfaction of the City Engineer. The City Engineer
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Resolution No. 2002-1938
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shall review and approve the grading plan to verify
compliance with Best Management Practices features
including, but not limited to the following:
i. Drainage swales, subsurface drains, slope drains,
storm drain inlet/outlet protection, and sediment
traps.
ii . Check dams to reduce flow velocities.
iii. Permanent desilting basins.
iv. Permanent vegetation, including grass-lined
swales.
v. Design of drainage courses and storm drain
outlets to reduce scour.
j . The Applicant shall be required to obtain all Clean
Water Act 401 and 404 permits and clearances as
administered by the Army Corps of Engineers and the
Regional Water Quality Control Board/State Water
Resource Board. These permits shall be obtained prior
to initiating any grading permits or clearing and
grubbing activities not covered under the City' s
grading ordinance. All conditions of the permits and
certifications from these agencies that are designed
to minimize impacts to biological resources and all
measures to mitigate for the loss of jurisdictional
habitats shall be implemented. Implementation of
mitigation designed to offset impacts to areas of
federal jurisdiction shall be monitored by the
relevant federal agencies and by the City (under the
California Environmental Quality Assurance Program)
for the project .
k. Construction activities shall be limited to between
the following hours: a) 7 :00 a.m. and 7 : 00 p.m. Monday
through Friday, and b) 9: 00 a.m. to 5: 00 p.m.
Saturday. Construction work on Saturdays will require
payment of a premium for City inspection services, and
may be further restricted or prohibited should the
City receive complaints from adjacent property owners.
No construction work is to be done on Sundays, and
City observed holidays pursuant to Section 15. 26.010
of the Municipal Code.
1. The Developer shall ensure that construction equipment
is fitted with modern sound reduction equipment.
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Resolution No. 2002-1938
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i. Stationary noise sources that exceed 70 dBA of
continuous noise generation (at 50 feet) shall be
shielded with temporary barriers if existing
residences are within 350 feet of the noise
source.
ii . Designated parking areas for construction worker
vehicles and for materials storage and assembly
shall be provided. These areas shall be set back
as far as possible from or otherwise shielded
from existing surrounding rural residential
neighborhoods.
iii. Immediately surrounding property owners shall be
notified in writing on a monthly basis of
construction schedules involving major grading,
including when clearing and grading is to begin.
The project Developer shall notify adjacent
residents and property owners by Certified Mail-
Return Receipt Requested, of the starting date
for removal of vegetation and commencement of
site grading. The content of this required
communication shall be approved by the City
Engineer in advance of its mailing and the return
receipts, evidencing United States mail delivery,
shall be provided to the Engineering Department.
iv. A construction effects mitigation program shall
be prepared and submitted to the City after
completion and occupancy of the first phase of
project build-out. This program shall protect,
to the degree feasible, new residents from the
impacts of sustained construction noise on new
neighborhoods .
m. The post-grading slope remediation areas along the
northern and southern ridgelines shall reflect contour
grading design to diminish the visual effects of slope
modifications.
n. This project is projected to balance cut and fill
onsite. Unanticipated off-site import/export
operations requiring an excess of 1, 000 total
truckloads or 10, 000 cubic yards of material shall
require City Council approval prior to the
commencement of hauling or staged grading operations
in accordance with City Council Resolution No. 2000-
1784 . A haul route is to be submitted for review and
approval by the City Engineer and Director of
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Resolution No. 2002-1938
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Community Development. Additional surety for the
cleaning and/or repair of the streets shall be
required as directed by the City Engineer.
o. All requests for staged grading shall be submitted in
writing to the City Engineer for review and approval
by the City Council.
p. Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary
grading. Temporary grading is defined to be any
grading partially completed and any disturbance of
existing natural conditions due to construction
activity. These measures will apply to temporary
grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered
condition for a period of time greater than thirty
(30) days or the beginning of the rainy season
whichever comes first .
q. The maximum gradient for any slope shall not exceed a
2 : 1 slope inclination except where special
circumstances exist. In the case of special
circumstances where steeper slopes are warranted, a
certified soil engineer will review plans and their
recommendations will be subject to the review and
approval of the City Engineer and the Director of
Community Development.
r. All graded slopes shall be planted in a timely manner
meeting the approval of the Director of Community
Development with groundcover, trees and shrubs that
will stabilize slopes and minimize erosion.
s. All development areas and lots shall be designed so
that surface drainage is collected by the on-site
storm drain system prior to connecting to the existing
flood control facilities to the east of the property.
t. So as to reduce debris from entering sidewalk and
streets, the approved grading plan shall show a slough
wall, approximately 18 inches high, with curb outlet
drainage to be constructed behind the back of the
sidewalk where slopes exceeding 4 feet in height are
adjacent to sidewalk. The Developer shall use the
City' s standard slough wall detail during the design
and construction. The City Engineer and Director of
Community Development shall approve all material for
the construction of the wall.
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56. During grading, the following requirements shall
apply:
a. Grading may occur during the rainy season from October
15th to April 15th subject to approval by the City
Engineer and installation of erosion control
facilities. Erosion control measures shall be in
place and functional between October 15th and April
15th. In order to comply with the October 15 date,
revised erosion control plans shall be submitted to
the City Engineer, no later than September 15th of
each year from the start of grading or clearing
operations to the-time of grading bond release.
b. Prior to any work being conducted within the State,
County, or City right of way, the Developer shall
obtain all necessary encroachment permits from the
appropriate Agencies.
c. During site preparation and construction, the
contractor shall minimize disturbance of natural
groundcover on the project site until such activity is
required for grading and construction purposes. During
grading operations, the Developer shall employ a full-
time superintendent for NPDES compliance. The NPDES
superintendent shall have no other duties than NPDES
compliance, shall be present, on the project site
Monday through Friday and on all other days when the
probability of rain is 40% or higher and prior to the
start of and during all grading or clearing operations
until the release of grading bonds. The NPDES
superintendent shall have full authority to hire
personnel, bind the Developer in contracts, rent
equipment and purchase materials to the extent needed
to effectuate Best Management practices. The NPDES
superintendent shall provide proof to the City
Engineer of attendance and satisfactory completion of
courses satisfactory to the City Engineer totaling no
less than 8 hours directed specifically to NPDES
compliance and effective use of Best Management
Practices. Proof of such attendance and completion
shall be provided to the City Engineer prior to
employment of the NPDES superintendent.
d. If any hazardous waste is encountered during the
construction of this project, all work shall be
immediately stopped and the Ventura County
Environmental Health Department, the Fire Department,
the Sheriff' s Department, and the City Construction
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Resolution No. 2002-1938
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Observer shall be notified immediately. Work shall
not proceed until clearance has been issued by all of
these agencies.
e. The Developer shall utilize all prudent and reasonable
measures (including installation of a 6-foot high
chain link fence around the construction sites or
provision of a full time licensed security guard) to
prevent unauthorized persons from entering the work
site at any time and to protect the public from
accidents and injury.
f. Backfill of any pipe or conduit shall be in 4" fully_
compacted layers unless otherwise specified by the
City Engineer.
g. Soil testing for trench compaction shall be performed
on all trenching and shall be done not less than once
every 4 feet of lift and 100 lineal feet of trench
excavated.
h. A 15-mile per hour speed limit for the construction
area shall be observed.
57 . During site preparation and construction, temporary
storm water diversion structures shall be constructed
per City of Moorpark standards.
58 . Road and Traffic Requirements
a. Prior to first Final Map approval, the Applicant shall
make a cumulative traffic contribution to the City
representing the developers pro-rata share of the cost
of improvements at the following intersections: Los
Angeles Avenue/Tierra Rejada Road, Poindexter Avenue/
Moorpark Avenue, Los Angeles Avenue/Moorpark Avenue,
Los Angeles Avenue/Spring Road and Spring Road/High
Street. The actual contribution (pro-rata share) shall
be based upon the additional traffic added to the
listed intersections, with the actual amount as
approved by the City Engineer. The level of
participation will be calculated based on the traffic
report dated October 30, 2000 by Associated
Transportation Engineers, Table 14 on page 39 .
b. Prior to a Zoning Clearance for each residential unit
building permit, the Developer shall pay the Los
Angeles Avenue Area of Contribution (AOC) and Gabbert
Road/Casey Road AOC fees . The AOC fees shall be the
dollar amount in effect at the time of payment.
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Resolution No. 2002-1938
Page 41
c. The requirements for the interim secondary fire access
road, as shown on the Vesting Tentative Map, are as
follows:
Prior to submittal of grading plans, the proposed
interim secondary fire access road that extends onto
adjacent private property shall be recorded as a
revocable easement benefiting the West Pointe Homes
subdivision. The construction requirements for the
secondary fire access road and the timing for
construction shall be approved by the City Engineer
and Fire Protection District prior to Final Map
approval. The secondary fire access road easement may
be quit claimed to fee title property owners, upon
completion of "A" Street for secondary access
purposes, if approved by the Fire Protection District.
d. Prior to first final map approval, the Applicant shall
fund a fair-share of the cost of required improvements
to the intersection of Moorpark Avenue and High Street
to ensure that project plus cumulative traffic does
not result in a reduction to Level of Service D.
Anticipated improvements to this intersection include
but are not limited to widening approaches to provide
an additional through lane, restriping, providing
signal timing and coordination between Casey Road and
High Street, completing north and south bound lane
approaches, and related pedestrian improvements in the
vicinity of the Moorpark Avenue/High Street
intersection. Moorpark Avenue to the north of the
intersection shall be widened to four lanes without
narrowing the existing sidewalk. The fair-share
contribution shall be the amount approved by City
Council prior to first Final Map approval or as
provided for in a Development Agreement.
e. The first Final Map for Vesting Tentative Tract Map
No. 5187 shall not be approved until the City Council
has approved the final improvement plans for Walnut
Canyon Road and satisfactory performance and labor and
materials bonds have been accepted by the City
Engineer. The improvements associated with the project
shall include full width street improvements along
both sides of Walnut Canyon Road and extending south
from the future intersection of Walnut Canyon Road and
Spring Road to the most southerly boundary of the
Tract 5187 boundary with appropriate transitions at
both the northern and southern terminus of these
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Resolution No. 2002-1938
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improvements, including acceptable joins with existing
improvements, as approved by the City Engineer and
Caltrans. Improvements include, but are not limited
to, acquisition of additional right-of-way if needed
to complete the improvements, horizontal and vertical
realignment of Walnut Canyon Road in accordance with
City and Caltrans standards with no less than 8-foot
paved shoulders, no less than two 12-foot travel
lanes, no less than a 12-foot turning lane (to
accommodate one or two-way turns to be determined) ,
deceleration (right-turn) lanes at the intersections
with "A" Street and proposed future street on adjacent
two-acre parcel south of Tract 5187, acceleration lane
to accommodate southbound traffic from both "A" Street
and proposed future street on the adjacent two-acre
parcel south of Tract 5187, a 5-foot Portland cement
sidewalk adjacent to the back of Portland cement curb
and gutter along the west side of the required
improvements and undergrounding of existing overhead
utility lines and services on both sides of Walnut
Canyon Road within the limits of the required
improvements. All improvements shall conform to City
standards and as approved by Caltrans.
f. The primary project collector street intersection with
Walnut Canyon Road (State Route 23) shall be designed
to the satisfaction of the City Engineer and Caltrans
to ensure that acceptable turning radii, lane widths,
shoulders, lane tapers, signage and traffic control
facilities, provision of sight distances, and adequate
acceleration and deceleration improvements are
incorporated into the project entrance improvement
program. Modifications to State Route 23 shall be
constructed prior to issuance of the first occupancy
approval for any residential dwelling unit. An
encroachment permit shall be obtained from Caltrans
prior to construction of any proposed roadway
improvements, permanent or temporary. Any additional
right-of-way required to implement the approved design
for this entrance intersection shall be acquired by
the Applicant and dedicated to the State or City, as
applicable, in a manner acceptable to Caltrans and the
City Engineer. All required dedications shall be
illustrated on the Final Map. Proof of encroachment or
other non-City permits and bonds shall be provided to
the City Engineer prior to the start of construction.
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g. Entry monumentation that does not interfere with
sight-distance or turning movements shall be
incorporated into the project entrance planning.
Landscaping shall be provided appropriate to the entry
that will not interfere with sight-distance or turning
movement operations. To the degree feasible, the
entrance landscaping shall extend along the full
frontage of the project to provide traffic calming
consistent with current landscape design practice. The
final design for the project entrance shall be
reviewed and approved by the City Community
Development Director and the City Engineer prior to
the issuance of building permit for the first
residential unit. The turning and acceleration lanes
provided along Route 23 at the project entrance shall
be no less than 12 feet wide.
h. The Developer shall submit to the City of Moorpark for
review and approval, street improvement plans prepared
by a Registered Civil Engineer and shall post
sufficient surety guaranteeing the construction of the
improvements. Streets shall not be accepted by the
City for maintenance until completion, unless
otherwise determined by the City Engineer.
i. All internal streets shall conform to the design
requirements of the Ventura County Road Standards
(most recent revision) unless otherwise modified by
conditions included in this document .
j . The street improvements including "A" Street shall
include concrete curb and gutter, parkways, street
lights, and signing, striping, interim striping and
traffic control, paving, and any necessary
transitions, to the satisfaction of the City Engineer.
The City Engineer and the Director of Community
Development shall approve all driveway locations. The
Developer shall dedicate any additional right-of-way
necessary to make all of the required improvements.
k. Developer shall provide internal street improvement as
follows:
i. "A" Street (Public Street Collector) - per
modified Ventura County Standard Plate B-4A, 84
feet right of way, 16. 5 feet travel lanes, 14
feet landscaped median, 8 . 5 feet bike lanes, 10
feet parkways with 5 feet wide sidewalks, and a
10 feet irrevocable offer of dedication for
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parkway landscaping easement along south side,
and a 12 feet irrevocable offer of dedication for
multi-use trail easement and variable width
landscape easement along north side.
ii . Prior to the first Final Map, the Developer shall
at his/her sole cost and expense fund an
amendment to the Circulation Element of the
City' s General Plan to designate "A" Street as a
rural collector (two to four lanes) . The City
Council must have made a decision on the
Circulation Element amendment prior to the first
residential occupancy in Tract 5187 . The final
design of "A" Street must be submitted for City
Council approval at the same time as the request
for approval of the first Final Map for Tract
5187 and shall incorporate "traffic calming"
features recommended for approval by the City
Engineer to encourage speed reduction.
iii . The "A" Street raised median from Walnut Canyon
Road to "E" Street shall be landscaped consistent
with plans approved by the Director of Community
Development, Director of Community Services, and
Director of Public Works prior to the 50th
residential occupancy approval in Tract 5187 .
The raised median from "E" Street west/south to
the tract boundary shall be landscaped consistent
with plans approved by the Director of Community
Development, Director of Community Services, and
Director of Public Works prior to the 165th
residential occupancy approval in Tract 5187 .
The raised median shall be maintained by an
Assessment District consisting of all residential
lots in Tract 5187 and shall be formed prior to
the first residential occupancy in Tract 5187.
iv. Deceleration lanes (right-turn lanes) shall be
installed on "A" Street for "E", "B" and "0"
Street intersections. The design, including
length and additional required right-of-way width
at the three intersection locations shall be
approved by the City Engineer prior to first
Final Map approval.
v. The required parkways on both sides of "A" Street
shall end and transition into natural open space
approximately 150 feet west/south of "E" Street.
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vi. The final location of the "A" Street sidewalk
from Walnut Canyon Road to 150 feet west/south of
"E" Street shall be as determined by the City
Engineer and Director of Community Development.
From approximately 150 feet west/south of "E"
Street to the Tract 5187 boundary, the sidewalk
shall be adjacent to the curb.
vii. The bus turnouts referenced in Condition No. 27
for the south side of "A" Street shall be located
within approximately 1, 000 feet of the "B" Street
intersection, as determined by the City Engineer
and Director of Community Development.
viii . "A" Street shall be designed with a 50-year life
with a 45-mile per hour design speed and with
grades not to exceed 7. 0_percent. The minimum
radius of any traffic lane of "A" Street shall be
1, 085 feet, super-elevation shall not be used.
Adequate right-of-way at intersections shall be
provided to accommodate sight distance and right-
turn lanes as determined by the City Engineer.
1. Private Streets (Collector) - per Ventura County
Standard Plate B-4A, 60 feet right of way, 12 feet
travel lanes, 8 feet bike lanes, 10 feet parkways with
5 feet wide sidewalks. This includes the following
streets: Portion of "B" Street from "A" street to "D"
Street; Portion of "E" Street from "I" street to "A"
Street; "I" Street; "K" Street from "I" Street to "0"
Street; and "0" Street.
m. Private Streets (Cul-de-sacs) - per Ventura County
Standard Plate B-4C, 52 feet right of way, 12 feet
travel lanes, 4 feet bike lanes, 10 feet parkways with
5 feet wide sidewalks. The cul-de-sac head shall be
designed per Ventura County Standard Plate C-3 . Rolled
curbs shall be allowed provided no design/drainage
constraints prevent their use. This includes the
following streets: Portion of "B" Street from "D"
street to south of "C" Street; "C" and "D" Streets;
Portion of "E" Street from "I" Street to westerly end;
"F", "G", "H" "J" Streets; Portion of "K" Street from
"I" Street to southerly terminus; Portion of "K"
Street from "0" Street to easterly terminus; and "L",
"M" and "N" Streets.
n. Driveways shall be designed in accordance with the
latest Ventura County Road Standards. Interim fire
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access roads shall be designed in accordance with
Ventura County Fire Protection District requirements.
o. The Developer shall provide slope easements for road
maintenance purposes along all roads where the top of
cut plus 5 feet or the toe of fill plus 5 feet is
beyond the dedicated right-of-way. Said slope
easements shall include the area covered by the cut
slope plus 5 feet and fill slope plus 5 feet.
p. Prior to Final Map approval, the Developer shall
submit for review and approval traffic
counts/estimates for stacking of vehicles at the
private road entrances during peak hours. The
Developer shall justify that the design of the private
road entrances is adequate for peak hour stacking of
vehicles and truck turning radius movements.
59. Streetlights shall be provided on the improvement
plans per Ventura County Standards and as approved by
the City Engineer. The Developer shall pay all energy
costs associated with public street lighting for a
period of one year from the acceptance of the street
improvements. The Developer and/or future homeowners
association (s) shall pay all energy costs associated
with street lighting on private streets.
60. Above ground obstructions (utility cabinets,
mailboxes, etc. ) are to be placed within the right-of-
way landscaping areas whenever possible. When above
ground obstructions are to be placed within the
sidewalk, a minimum five (5) foot clear sidewalk width
must be provided around the obstruction.
61. The Developer shall make an irrevocable dedication on
the Final Map of easements to the City of Moorpark
over all private streets shown on the Vesting
Tentative Map for the purpose of providing access to:
a) all governmental agencies that provide public
safety, health and welfare services or that enforce
laws and ordinances; and b) all members of the public
who reasonably need to be vacated over the private
streets because of a state of emergency declared by a
representative of the City or of the Ventura County
Fire Protection District.
62. The Developer shall dedicate vehicular access rights
to the City of Moorpark along "A" Street and Walnut
Canyon Road.
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63. The Developer shall post sufficient surety
guaranteeing completion of all site improvements
within the development and offsite improvements
required by the conditions as described herein (i . e. ,
grading, street improvements, storm drain
improvements, landscaping, fencing, bridges, etc. ) or
which require removal (i.e. , access ways, temporary
debris basins, etc. ) in a form acceptable to the City.
64 . Prior to City Council approval of the final map (s) ,
proposed street names shall be submitted to the Fire
District' s Communications Center for review and
approval. Street name signs shall be installed in
conjunction with the road improvements. The type of
sign shall be in accordance with Plate F-4 of the
Ventura County Road Standards.
65. All lighting along the perimeter of natural areas,
particularly street lights, shall be downcast
luminaries and shall be shielded and oriented in a
manner that will prevent spillage or glare into the
remaining natural and open space areas. Final lighting
orientation and design shall be to the satisfaction of
the City Engineer and Director of Community
Development. All lighting proposed shall be consistent
with Chapter 17 . 30 of the Municipal Code.
66. Drainage Requirements
a. Prior to approval of the initial grading plan permit,
the Applicant shall submit to the City Engineer for
review and approval, a Master Drainage and Flood
Control Improvement Plan (Master Plan) which
identifies all required drainage and flood control
improvements necessary to implement the proposed
project. This plan shall be prepared to the
satisfaction of the City Engineer. Portions of the
improvements that fall within easements or right-of-
way dedicated to the Ventura County Flood Control
District shall be prepared to the satisfaction of the
City Engineer and the District. The Master Plan shall
identify all major improvements and typical drainage
facilities for the project. The capacity, location,
and size of all culverts, collection devices, energy
dissipaters, and related improvements shall be
designed as herein specified, to the satisfaction of
the City Engineer and Ventura County Flood Control
District. Capacity details for the construction of the
on-site private detention basins and the regional
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Resolution No. 2002-1938
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flood control basin for the Walnut Canyon Drain shall
be included in the Master Plan. All necessary permits
required to implement the Master Plan shall be
obtained from the Ventura County Flood Control
District prior to City issuance of a permit for mass
grading. No mass-grading permit shall be issued until
the Master Plan is completed and approved. The Master
Plan shall identify improvements that must be
completed coincident with the initiation of mass
grading. All improvements shall be constructed
consistent with approved plans.
b. The Developer - shall submit to the City Engineer for
review and approval, drainage plans; hydrologic and
hydraulic calculations prepared by a California
Registered Civil Engineer; shall enter into an
agreement with the City of Moorpark to complete public
improvements and shall post sufficient surety
guaranteeing the construction of all improvements.
c. The plans shall depict all on-site and off-site
drainage structures required by the City Engineer.
d. The drainage plans and calculations shall indicate the
following conditions before and after development:
Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities and drainage courses.
e. Hydrology shall be per the current Ventura County
Flood Control Standards except as follows :
i. All storm drains shall carry a 10-year frequency
storm.
ii. All catch basins shall carry a 10-year storm.
iii. All catch basins in a sump condition shall be
sized such that depth of water at intake shall
equal the depth of the approach flows.
f. All culverts shall carry a 100-year frequency storm.
g. Drainage facilities shall be provided such that
surface flows are intercepted and contained in a storm
drain system prior to entering collector or secondary
roadways.
h. Under a 10-year frequency storm, local, residential
and private streets shall have one 12' wide dry travel
lane available on interior residential streets.
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Collector streets shall have a minimum of one 12' wide
dry travel lane in each direction.
i . Drainage to adjacent parcels shall not be increased or
concentrated by this development . All drainage
measures necessary to mitigate storm water flows shall
be provided by the Developer.
j . Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian
traffic.
k. If the land to be occupied is in an area of special
flood hazard, the Developer shall notify all potential
buyers in writing of this hazard condition. The
grading plan shall also show contours indicating the
50- and 100-year flood levels.
1 . All flows from brow ditches, ribbon gutters and
similar devices shall be deposited into the storm
drain system prior to entering streets. If necessary,
the storm drain system shall be extended beyond the
public right-of-way through easements to eliminate
surface flow between parcels. Both storm drains and
easements outside the public right-of-way are to be
maintained by the Homeowners Association unless
otherwise approved by the City Council or accepted for
maintenance by the Ventura County Flood Control
District.
m. Concrete drainage structures shall be tan in color, as
approved by the Director of Community Development, and
to the extent possible shall incorporate natural
structure and landscape to reduce their visibility.
n. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer.
o. A hydraulic/hydrologic study shall be prepared which
analyzes the hydraulic capacity of the drainage
system, with and without the storm drain system for
the proposed development. The Developer shall make
any downstream improvements, required by Ventura
County Flood Control and the City of Moorpark, to
support the proposed development.
p. Improvements shall be constructed to detain drainage
on-site when the drainage amount is between the ten-
year and fifty-year storm event. A rainfall intensity
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zone K shall be utilized in the design unless an
alternate design intensity is approved by the City
Engineer.
q. The Applicant shall demonstrate that surface drainage
from the site shall not drain over the sidewalk or
driveways.
r. The Developer shall demonstrate, for each building pad
within the development area, that the following
restrictions and protections can be put in place to
the satisfaction of the City Engineer:
i. Adequate protection from a 100-year frequency
storm.
ii . Feasible access during a 50-year frequency storm.
iii. Hydrology calculations shall be as per these
conditions and as per current Ventura County
Flood Control Standards.
iv. All habitable structures shall be elevated at
least one foot above the 100-year flood level.
s. The Developer shall provide for all necessary on-site
and off-site storm drain facilities to the
satisfaction of the City Engineer to accommodate
upstream and on-site flows. Facilities, as shown on
existing drainage studies and approved by the City
Engineer, shall be delineated on the final drainage
plans. Either on-site retention basins or storm water
acceptance deeds from off-site property owners must be
specified. These facilities (if applicable) must also
be acceptable to the Ventura County Flood Control
District.
67 . National Pollutant Discharge Elimination System
(NPDES) Requirements are as follows:
a. Prior to the issuance of any construction/grading
permit and/or the commencement of any clearing,
grading or excavation, the Developer shall submit a
Storm Water Pollution Control Plan (SWPCP) to the
satisfaction of the City Engineer.
b. The SWPCP shall be developed and implemented in
accordance with requirements of the Ventura Countywide
Storm Water Quality Management Program, NPDES Permit
No. CAS004002.
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c. The SWPCP shall identify potential pollutant sources
that may affect the quality of discharges to storm
water and shall include the design and placement of
recommended Best Management Practices (BMPs) to
effectively prohibit the entry of pollutants from the
construction site into the storm drain system.
d. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks"
e. Prior to the issuance of any construction/grading
permit and/or the commencement of any clearing,
grading or excavation, the Developer shall also submit
a Notice of Intent (NOI) to the California State Water
Resources Control Board, Storm Water Permit Unit in
accordance with the NPDES Construction General Permit
(No. CASQ00002) : Waste Discharge Requirements for
Discharges of Storm Water Runoff Associated with
Construction Activities) . The Developer shall comply
with all requirements of this General Permit including
preparation of a Storm Water Pollution Prevention Plan
(SWPPP) .
f. The Developer shall obtain a permit from the State
Water Resources Control Board for all storm water
discharges associated with this development. The
Developer shall submit a copy of the Notice of Intent
(NOI) to the City Engineers office as proof of permit
application.
g. The Developer shall also comply with NPDES objectives
as outlined in the "Storm Water Pollution Control
Guidelines for Construction Sites" .
h. Prior to recordation of the first Final Map, Applicant
will provide facilities to comply with NPDES
requirements. Runoff from developed areas shall be
diverted to detention basins, or underground oil and
grease traps or other Best Management Practices
(BMP' s) to the satisfaction of the City Engineer. A
California registered civil engineer shall propose and
design these devices as part of the drainage
improvement plans for the project . Basins, traps and
all other structural and non-structural NPDES
facilities shall be maintained by a Homeowner' s
Association or Assessment District if formed prior to
the recordation of the first Final Map. Provisions
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shall be made by the Applicant to provide for
maintenance in perpetuity.
i. Prior to City issuance of the initial grading permit,
the Applicant shall obtain all necessary NPDES related
permits. The grading permits issued for the
development shall require Applicant to provide
schedules and procedures for onsite maintenance of
earthmoving and other heavy equipment and
documentation of proper disposal of used oil and other
lubricants. The onsite maintenance of all equipment
that can be performed offsite will not be allowed.
j . The project construction plans shall note and
incorporate that the contractor shall comply with the
"California Storm Water Best Management Practice
Handbooks" - Best Management Practices (BMPs)
applicable to the development and to the satisfaction
of the City Engineer. Said requirements shall include
implementation of the following requirements by the
Homeowner' s Association:
i. All onsite storm drain inlets shall be labeled
"Don't Dump Drains to Arroyo" .
ii. No outdoor vehicle maintenance shall be allowed.
iii. All common area property shall be maintained free
of litter and debris .
iv. All onsite storm drains shall be cleaned, using
approved methods, at least twice a year, once
immediately prior to October 1, the rainy season,
and once in January.
v. All common sidewalks, walkways, and parking areas
shall be swept regularly to prevent the
accumulation of litter and debris from entering
the storm drain. No cleaning agent may be
discharged into a storm drain system. If any
cleaning agent or degreaser is used, wash water
shall not be discharged to the storm drain but
shall be discharged to the sanitary sewer.
Discharges to the sanitary sewer are subject to
the review and approval of the Ventura County
Waterworks District No. 1.
vi. If required by the BMP's, grease interceptors
shall be installed in all onsite and offsite
storm drain inlets. In the event, such grease
traps are required to be installed in any onsite
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inlet, the Developer shall provide the City with
a maintenance program for such devices . The
CC&R's shall include a requirement that the
Assessment District grease interceptors are
maintained in a manner consistent with
requirements of the Maintenance Program.
D . FIRE DEPARTMENT CONDITIONS :
68 . Prior to approval of Zoning Clearance for grading, the
Applicant shall retain a certified fire management
professional to prepare a Fire Hazard Reduction
Program; this program shall be prepared in
consultation with the County Fire Protection District
and shall be approved by the Director of Community
Development . The certified fire management
professional shall be familiar with the objectives of
fuel management in wildland-urban interface. A native
plant specialist shall participate in the development
of the fuel management program. The program shall
apply to all lands within 200 feet of the proposed
residences comprising the project (or as amended by
the certified fire professional based on fuel
modification factors acceptable to the County Fire
Protection District) . The recommendations of the Fire
Hazard Reduction Program shall be incorporated into
the Landscape Plan required by Condition No. 12 .
69. During all grading and site clearance activities,
earth-moving equipment shall be equipped with spark
arrestors and at least two fire extinguishers. All
equipment used in the vegetation clearance phase shall
be equipped with spark arrestors and best available
fire safety technology. The vegetation clearance
activities shall be coordinated with and approved by
the County Fire Protection Division.
E . VENTURA COUNTY WATERWORKS DISTRICT NO. 1
CONDITIONS :
70. Prior to issuance of a building permit, provide
Ventura County Waterworks District the following:
Water and sewer improvement plans in the format
required.
a. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines .
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b. Copy of approval of fire hydrant locations by County
of Ventura Fire Protection District.
c. Copy of Release from Calleguas Municipal Water
District.
d. Cost estimates for water and sewer improvements.
e. Fees: Plan check, construction inspection, capital
improvement charge, sewer connection fee and water
meter charge.
f. Signed Contract to install all improvements and a
Surety Bond.
F. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS :
71. No direct storm drain connections to Ventura County
Flood Control District facilities will be allowed
without appropriate Best Management Practices (BMP' s)
for compliance with Ventura Countywide Stormwater
Program.
72. Cross Connection Control Devices: At the time water
service connection is made, cross connection control
devices shall be installed on the water system in a
manner approved by the County Waterworks District No.
1.
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EXHIBIT B
CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO . 99 -2
A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
1 . The Residential Planned Development permit is granted for
the land and project as identified on the entitlement
application form and as shown on the plot plans and
elevations incorporated herein by reference as Exhibit "A" ,
West Pointe Homes at North Ranch Design Guidelines, except
as amended by these conditions. The final Design
Guidelines are subject to Director of Community Development
approval prior to the first Zoning Clearance for building
permit. The location and design of all site improvements
shall be as shown on the approved plot plans and elevations
except or unless indicated otherwise herein in the
following conditions. Following final approval of the
Design Guidelines, any change from the approved product mix
shall require approval of a modification to the Design
Guidelines and Residential Planned Development Permit,
consistent with Zoning Code requirements for entitlement
processing.
2 . Use Inauguration: Unless the Residential Development Permit
is inaugurated (building foundation slab in place and
substantial work in progress) not later than three years
after this permit is granted, this permit shall
automatically expire on that date. The Director of
Community Development may, at his/her discretion, grant up
to two (2) one (1) year extensions for project inauguration
if there have been no changes in the adjacent areas and if
Applicant can document that he/she has diligently worked
towards inauguration of the project during the initial
three-year period and the Applicant has concurrently
requested a time extension to the tentative tract map. The
request for extension of this entitlement shall be made at
least 30-days prior to the expiration date of the permit .
3 . Other Regulations: The design, maintenance, and operation
of the permit area and facilities thereon shall comply with
all applicable regulations of the applicable zone and all
requirements and enactment' s of Federal, State, County, and
City authorities, and all such requirements and enactment's
shall, by reference, become conditions of this permit .
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4. Duplication of Conditions: All mitigation measures
contained within the approved Mitigation Monitoring Report
and Program (MMRP) are hereby adopted as requirements of
the Residential Planned Development Permit, as applicable.
Where conflict or duplication between the MMRP and the
conditions of approval occur and applicability for
compliance is questioned by the Developer, the Director of
Community Development will determine the applicable
condition compliance requirements for each phase of
development.
5. Image Conversion of Plans: Prior to issuance of the first
Certificate of Occupancy, the builder shall- pay to the City
a fee for the image conversion of plans as determined by
the Director of Community Development into an electronic
imaging format acceptable to the City Clerk.
6. Public Nuisance: The Director of Community Development may
declare a development project that is not in compliance
with the Conditions of Approval or for some other just
cause, a "public nuisance" . The Applicant shall be liable
to the City for any and all costs and expenses to the City
involved in thereafter abating the nuisance and in
obtaining compliance with the conditions of approval or
applicable codes. If the Applicant fails to pay all City
costs related to this action, the City may enact special
assessment proceedings against the parcel of land upon
which the nuisance existed (Municipal Code Section
1. 12. 080) .
7 . Affordable Housing Agreement: Consistent with the City' s
General Plan Housing Element, the Residential Planned
Development Permit is conditionally approved subject to
execution of an Affordable Housing Agreement between the
City of Moorpark and the Applicant or Developer. The
Affordable Housing Agreement shall set forth the procedure
for meeting an affordable housing requirement of 10 percent
of the total number of approved dwelling units. The
Agreement may be part of a Development Agreement.
Execution of the Affordable Housing Agreement is required
prior to approval of first Zoning Clearance for a
residential building permit.
8 . Outstanding Case Processing Costs: The Applicant shall pay
all outstanding case processing (Planning and Engineering) ,
and all City legal service fees within thirty (30) days of
approval of this RPD Permit. The applicant, permittee, or
successors in interest shall also submit to the Department
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Resolution No. 2002-1938
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of Community Development a fee to cover costs incurred by
the City for Condition Compliance review of the RPD Permit.
9. Lighting Plan: Prior to issuance of a Zoning Clearance for
construction for any dwelling units on the lots created by
this Tract Map, the Applicant shall submit to the
Department of Community Development a lighting plan for
review and approval consistent with Chapter 17. 30 of the
Zoning Ordinance. Lighting consistent with best management
practices for open space preservation shall be required for
this project. All lighting along the perimeter of natural
areas, particularly street lamps, shall be downcast
luminaries and- shall be shielded and oriented in a manner
that will prevent spillage or glare into the remaining
natural and open space areas. Low intensity night lighting
shall be required within the streetscape and at
intersections. Lighting standards shall be rural in
nature, low in profile, and shall be minimized along street
corridors. More intensive lighting is appropriate at
intersections within the project boundary but this lighting
shall be only sufficiently intensive to provide for vehicle
and pedestrian safety. The project entrance lighting
should emphasize low intensity landscape feature uplighting
of accent landscaping. Standard approach lighting within
the Walnut Canyon Road Corridor shall comply with Caltrans
design standards.
10. Design/Development Standards: Prior to issuance of a Zoning
Clearance for the model home complex, the West Pointe at
North Ranch Design Guidelines, incorporated herein by
reference as Exhibit "A", and on file with the Community
Development Department, shall be revised to be consistent
with the conditions of approval for this Residential
Planned Development Permit and Vesting Tentative Tract Map
No. 5187, subject to Director of Community Development
final approval. All design criteria, development standards,
landscape concepts and criteria and all building materials,
colors and streetscape concepts and other information
presented to define the standards for construction and
appearance contained in the amended West Pointe Homes at
North Ranch Design Guidelines, as approved by the Director
of Community Development, shall apply to residential
structures and accessory buildings submitted for Zoning
Clearance and Building Permit issuance for Vesting
Tentative Tract Map No. 5187 in the City of Moorpark.
11. Play Equipment: Prior to issuance of a Zoning Clearance for
the model home complex, the Applicant shall submit design
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plans for the private recreation areas and manufacture' s
specifications for play equipment with a list of play
equipment features, which shall include but are not limited
to swings, slides, climbing apparatus, deck areas,
ladders, and bridge. The area required for this proposed
equipment including necessary safety clear areas around its
perimeter is 27' x 28' or a 756 square foot area. The
specific equipment and design of private recreation areas
shall be subject to final approval of the Director of
Community Development and Director of Community Services.
12 . Changes to Design Guidelines: The following changes to the
West Pointe Homes at North Ranch Design Guidelines shall be
incorporated by the Applicant and new copies of the
Guidelines submitted to the Director of Community
Development for approval prior to issuance of a Zoning
Clearance for any homes including models:
a. Adjoining residential units may not have the same
floor plan or elevation.
b. Compatibility of Changes to Plans: No expansion,
alteration or change in architectural elements
that are visible from any abutting street shall
be allowed, unless in the judgment of the
Director of Community Development such change is
compatible with all dwellings having frontage on
the same street and located within 200 feet (or
as otherwise determined by the Director of
Community Development) of the side property line
of the structure proposed for expansion or
alteration, subject to the review and approval of
the Director of Community Development consistent
with the approved Design Guidelines and Zoning
Code requirements.
c. All air conditioning or air exchange equipment
shall be placed at ground level, may not be
placed in a sideyard setback area within 15 feet
of an opening window at ground floor level of any
residential structure, and shall not reduce the
required sideyards to less than 5 feet of level
ground. All air conditioning or air exchange
equipment shall be placed in the sideyard setback
area where compliance with these standards can be
achieved.
d. Modifications to Permit: All facilities and uses
other than those specifically requested in the
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application are prohibited unless an application
for a modification is submitted to the Department
of Community Development consistent with the
requirements of the Zoning Code at the time of
modification application.
e. Side yard setbacks as measured from the property
line of each lot shall be not less than five (5)
feet for one-story dwellings and ten (10) feet .
for two-story dwellings. Two-story dwellings
which incorporate windows at the second-story
level shall comply with the following design
criteria for each type of window opening:
i . The minimum height to the bottom sill of a
second story window with clear glass, and a
fixed sash shall be five and one-half (5. 5)
feet above the finish floor level of the
second story and must be off-set by a
minimum of three (3) feet from a window with
the similar glazing characteristics on
abutting structures.
ii. Windows with a bottom sill height less than
five and one-half (5 . 5) feet above the
finish floor level of the second floor shall
have a fixed sash and obscure glass which
may include stained glass or glass blocks .
iii. Windows with a top jamb or head height of
fourteen (14) feet or less above the level
of the first floor shall be considered a
first story window.
f. A minimum of six architectural styles shall be
included in each of the individual neighborhood
created by the tract map tracts with no more than
20% of the dwellings in each neighborhood
represented by one of the architectural styles
and no sub-style comprising more than 40% of the
maximum number of dwellings allowed for the
primary architectural style.
g. A minimum of three sub-styles shall be included
in the architectural styles .
h. Side by side dwellings with the same
architectural style shall incorporate at least
two of the following criteria:
i . Single story
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Resolution No. 2002-1938
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ii. Alternative roof lines
iii. Increase second story setback by 10 feet
from first story setback.
iv. Incorporate a porch or balcony
v. Incorporate a courtyard behind the front
setback a minimum of 8 feet in depth and 10
feet wide.
vi. Reverse plan
vii. Dormer treatments
viii. The roof design for all structures as
viewed from any street, (including State
Route 23) or from the private recreational
area shall be varied unit by unit which may
be accomplished through the use of at least
one of the following: alternative roof
designs; materials and colors a combination
roof design such as hip and gable; through
the use of dormer details or by off-setting
the roof plane or walls of the building
either horizontally or vertically by a
minimum of four feet.
i. Not more than 20% of the units on any block face
shall have the same architectural plan and
elevation.
j . Accessory buildings over 120 square feet in area
or which require a building permit may be located
only in rear yard areas and must be of an
architectural style and color and constructed of
materials consistent with the main structure.
k. Garden walls and fencing to a maximum height of
36 inches may be placed in front yard setback
areas provided that they are architecturally
consistent with the main building as approved by
the Director of Community Development.
1. All property line walls or fences shall be
constructed of masonry, stone or concrete
products and be in earth tone colors, except for
fence lines included in the West Pointe Homes at
North Ranch Design Guidelines.
m. All walls at the side yard return (side property
line to main building) or on a corner lot that
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Resolution No. 2002-1938
Page 61
are visible from any street shall be constructed
of masonry, stone or concrete products (no wood
fences) and shall be architecturally consistent
with the main building to the satisfaction of the
Director of Community Development .
n. All units abutting the gated entrances to Tract
5187 shall be single story in height, except that
any portion of the structure that is located more
than forty (40) feet from the curb line of the
gated street may be two stories not to exceed a
maximum of 28 feet in height.
o. Garages shall maintain a clear unobstructed
dimension of 20 feet in length and 10 feet in
width for each parking stall provided with a
minimum of three garage-parking stalls required
for each dwelling unit.
p. All neighborhood entries shall be of a gated
design, the design of which is subject to review
and approval of the Director of Community
Development and the City Engineer. The design of
the gated entries shall be compatible with the
scale, colors, visual character and design of the
approved Design Guidelines so as to enhance the
physical and visual quality of the neighborhood
or tract.
q. Rain gutters and downspout shall be provided on
all sides of the structure for all structures
where there is a directional roof flow. Water
shall be conveyed to the street or drives in non-
corrosive devices as determined by the City
Engineer.
r. All residential units shall be constructed
employing energy saving devices. These devices
are to include, but are not limited to the
following:
i. Ultra low flush toilets (to not exceed 1 . 6
gallons) ;
ii. Low water use shower controllers as required
by Title 24 of the Uniform Building Code
shall be placed on all shower facilities;
iii. Natural gas fueled stoves; ovens and ranges
shall not have continuous burning pilot
lights;
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Resolution No. 2002-1938
Page 62
iv. All thermostats connected to the main space-
heating source shall have night set back
features;
v. To ensure closure when not in use kitchen
ventilation systems shall have automatic
dampers; and
vi. Hot water solar panel stub-outs shall be
provided.
13. Recreational Facilities: A minimum one thousand square foot
(1000) Club House, 50' x30' Swimming Pool, a minimum of two
regulation sized Tennis Courts and the central Open Space
area improvements must be completed and the central open
space area must be completed and capable of Homeowner use
prior to or concurrently with the final inspection of the
first residential structure.
14 . Architectural Styles: The architectural styles depicted in
the Design Guidelines, Exhibit "A" (as amended by these
conditions of approval) , shall form the basis of the
evaluation of architectural treatment to be incorporated on
each residential structure for permit issuance.
15. Gated Private Streets: Gated private street entrances shall
provide a 75-foot wide right-of-way with two entry lanes
into the project and a turn-around area for vehicles denied
entry. The entry area and gates shall be designed to
reflect a common community architectural theme, which is
carried through to the public entrance and the recreation
building. Prior to issuance of a Zoning Clearance for
construction of entry area gates, the location shall be
approved by the City Engineer to ensure adequate stacking
of vehicles and the required truck turning radius can be
achieved consistent with the private road entry design
approved at the time of Final Map review and approval for
Tract 5187 .
16. Ornamental Streetlights: The project shall include
ornamental streetlights and street signs on the private
streets only. The design of the lights and signs shall
enhance the community theme. The design and placement of
the lights and signs shall be reviewed and approved by the
Director of Community Development and City Engineer prior
to occupancy.
17 . Maintenance of Permit Area: The continued maintenance of
the permit area and facilities shall be subject to periodic
inspection by the City. The permittee or owner shall be
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Resolution No. 2002-1938
Page 63
required to remedy any defects in ground maintenance, as
indicated by the Code Enforcement Officer within five (5)
days after notification.
18 . Phasing: Construction phasing shall be approved by the
Director of Community Development. The Director shall
avoid to the extent possible any impacts to existing
residential areas from construction traffic.
19. Submittal of Construction Drawings: Prior to the issuance
of a Zoning Clearance for construction, working drawings,
grading and drainage plans, plot plans, final map (if
requested by the Director of _Community Development) , sign
programs, and landscaping and irrigation plans (three full
sets) shall be submitted to the Director of Community
Development for review and approval.
20. Water Impoundment: All water impoundment (s) shall be
maintained in a manner which will not create mosquito
breeding sources.
21. Citywide Traffic Mitigation Fee: As a condition of the
issuance of a building permit for each residential unit
within the boundaries of the Tract Map, Developer shall pay
City at the time of issuance of a Zoning Clearance for
construction, a traffic mitigation fee as described herein
("Citywide Traffic Fee") . The Citywide Traffic Fee may be
expended by City in its sole and unfettered discretion. The
amount of the Citywide Traffic Fee shall be $4, 240.00 per
residential unit . Commencing January 1, 2003, and annually
thereafter, the Citywide Traffic Fee shall be increased to
reflect the change in the State Highway Bid Price Index for
the twelve (12) month period that is reported in the latest
issue of the Engineering News Record that is available on
December 31 of the preceding year ("annual indexing") . In
the event there is a decrease in the referenced Index for
any annual indexing, the Citywide Traffic Fee shall remain
at its then current amount until such time as the next
subsequent annual indexing which results in an increase.
22. Fish and Game Fee Requirement: Within two (2) days after
the City Council adoption of a resolution approving this
project, the Applicant shall submit to the City of Moorpark
a check for a single fee of $875.00 plus a $25.00 filing
fee payable to the County of Ventura, to comply with
Assembly Bill 3158, for the management and protection of
Statewide Fish and Wildlife Trust Resources. Pursuant to
Public Resources Code Section 21089; and Fish and Game Code
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Resolution No. 2002-1938
Page 64
Section 711 . 4; the project is not operative, vested or
final until the filing fees are paid.
23. Miscellaneous Fees: Applicant shall pay to the City capital
improvement, development, and processing fees at the rate
and amount in effect at the time the fee is required to be
paid. Said fees shall include but not be limited to Library
Facilities Fees, Police Facilities Fees, Fire Facilities
Fees, entitlement processing fees, and plan check and
permit fees for buildings and public improvements. Further,
unless specifically exempted by City Council, Applicant is
subject to all fees imposed by City as of the issuance of
the first permit for construction and such future fees
imposed as determined by City in its sole discretion so
long as said fee is imposed on similarly situated
properties.
24 . Traffic System Management Plan: Prior to the issuance of a
Zoning Clearance for construction for each residential
unit, the permittee shall make a contribution to the
Moorpark Traffic Systems Management (TSM) Fund of $1, 444 . 00
per residential unit to fund TSM programs or clean-fuel
vehicles programs as determined by the City. Commencing on
January 1, 2005, and annually thereafter the Air Quality
Fee shall be adjusted by any increase in the Consumer Price
Index (CPI) until all fees have been paid. The CPI
increase shall be determined by using the information
provided by the U. S. Department of Labor, Bureau of Labor
Statistics, for all urban consumers within the Los
Angeles/Anaheim/Riverside metropolitan area during the
prior year. The calculation shall be made using the month
of December over the prior month of December. In the event
there is a decrease in the CPI for any annual indexing, the
fee shall remain at its then current amount until such time
as the next subsequent annual indexing which results in an
increase.
25 . AOC Fee: Prior to issuance of a building permit, the
Developer shall pay to the City the Area of Contribution
(AOC) Fees for Los Angeles Avenue AOC - and Gabbert
Road/Casey Road AOC. The Applicant shall also contribute
to any cumulative traffic fee program adopted by the City
prior to issuance of the first residential building permit
for the project. AOC fees shall be those that are in effect
at the time of building permit issuance. In addition to the
AOC fees (Los Angeles Avenue and Gabbert Road/Casey Road) ,
the Developer shall be required to make similar pro-rata
contributions to any other traffic mitigation related pre-
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Resolution No. 2002-1938
Page 65
construction impact fees approved by the City Council to
offset the long term effects on the City' s street system.
If the residential portion of the project is constructed
prior to any such additional mitigation fee programs being
adopted, for impacts to intersections outside of the Los
Angeles Avenue Area of Contribution, a proportionate share
of future improvement costs shall be collected for
locations where project traffic has a measurable effect on
cumulative traffic volumes. The City Traffic Engineer and
Community Development Department Director shall determine
the required contributions prior to issuance of building
permits. Fees shall be paid prior to the issuance of these
permits.
26. Park and Recreational Facilities Fee: Prior to approval of
Zoning Clearance for residential unit building permit, the
subdivider shall pay fees in accordance with Section 8297-4
of the City' s Subdivision Ordinance (Parks and Recreation
Facilities) .
27 . Developer is required to include within the Final
Subdivision Public Report issued by the Department of Real
Estate of the State of California, which requires
notification and disclaimer to all buyers of lots in Tract
5187, a City Attorney approved notification of the future
State Route 118 bypass (referred to as the North Hills
Parkway) and location of the 200-foot right-of-way required
by the General Plan Circulation Element for the State Route
118 bypass, the four-lane widening proposed for "A" Street,
and earthquake fault disclosure in the form of a "Natural
Hazards Disclosure Statement. " The Public Report and
Disclosure Statement will be signed by all future buyers to
document acknowledgment of disclosure.
28 . During construction, Developer shall allow all persons
holding a valid cable television franchise issued by the
City of Moorpark ("Cable Franchisees") to install any
equipment or infrastructure (including conduit, power
supplies, and switching equipment) necessary to provide
Franchisee' s services to all parcels and lots in the
Project. Developer shall provide notice of its
construction schedule to all Cable Franchisees sufficiently
in advance of construction to allow the Cable Franchisees
to coordinate installation of their equipment and
infrastructure with that schedule. City shall provide
Developer a list of Cable Franchisees upon Developer' s
request.
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Resolution No. 2002-1938
Page 66
In the event the cable television services or their
equivalent are provided to the Project or individual lots
under collective arrangement or any collective means other
than a Cable Franchisee (including, but not limited to,
programming provided over a wireless or satellite system
contained within the Project) , the HOA shall pay monthly to
City an access fee of five percent (5%) of gross revenue
generated by the provision of those services, or the
highest franchise fee required from any City Cable
Franchisee, whichever is greater. "Gross revenue" is as
defined in Chapter 5.06 of the Moorpark Municipal Code and
any successor amendment or supplementary provision thereto.
B. : CITY ENGINEER CONDITIONS:
29. The City Engineering conditions of approval for Vesting
Tentative Tract Map No. 5187 apply to Residential Planned
Development Permit No. 99-2.
C. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS:
30. The vegetation management requirements of the Fire Hazard
Reduction Program shall be clearly defined. The proposed
West Pointe Homes Homeowners' Association (HOA) shall be
responsible for implementing this program in perpetuity.
Fuel modification zones are proposed to be retained in as
natural a state as safety and fire regulations will permit.
The zones will be designed by and planted under the
supervision of a landscape architect with expertise in
native plant materials and habitat restoration, with the
approval of the Director of Community Development, to
appear as a transition between the built environment and
natural open space. Final approval of this Program by the
County Fire Prevention District and Director of Community
Development shall be required prior to the recordation of
the Final Map. Appropriate language shall be included on
the Final Map indicating the boundary of all areas of fuel
modification hazard zones.
31. All structures adjacent to open space around the perimeter
of the project shall be designed to satisfy at least a one-
hour fire-resistant rating. Such structures shall
incorporate fire retardant features including boxed-in
eaves, reduced overhangs, double paned windows, convection
resistant roof design, non-combustible roofing material,
and related design features. Building permits shall not be
issued until review of fire retarding architectural
features has been completed by the County Fire Protection
115
Resolution No. 2002-1938
Page 67
District. Design standards meeting Fire Department criteria
shall be included in the Fire Hazard Reduction Program and
incorporated into the RPD Design Guidelines for the
residential units.
32 . If required by the Fire Protection District, Interior fire
sprinkler systems and/or roof sprinkler systems shall be
included in the homes constructed on Lots 156 to 207 (or
any lot adjacent to the open space west of the project if
these lots are renumbered prior to recordation of the Final
Map) .
33. The Applicant shall be required to comply with all County
Fire Protection District design requirements regarding
hydrant locations, fire ratings for building materials,
fuel modification requirements, fee payments for pro-rata
cumulative impacts and other standard fire safety
requirements prior to issuance of building permits.
34 . Applicant shall obtain VCFD Form No. 126 "Requirements for
Construction" prior to obtaining a building permit for any
new structures or additions to existing structures.
35. During all grading and site clearance activities, earth-
moving equipment shall be equipped with spark arrestors and
at least two fire extinguishers . All equipment used in the
vegetation clearance phase shall be equipped with spark
arrestors and best available fire safety technology. The
vegetation clearance activities shall be coordinated with
and approved by the County Fire Protection Division.
36. All equipment and material staging activities shall be
coordinated with the County Fire Prevention Division. Fire
prone construction activities shall be prohibited during
"Santa Ana" wind conditions.
37. If deemed necessary by the District, the project shall
include a designated landing area on a selected cul-de-sac
for a helicopter together with associated fire suppression
equipment storage. Any heliport facilities shall be
indicated on the Final Map for the project.
38 . Any gates to control vehicle access are to be located to
allow a vehicle waiting for entrance to be completely off
the public roadway. The method of gate control shall be
subject to review by the Bureau of Fire Prevention. A
minimum clear open width of 15 feet in each direction shall
be provided. If gates are to be locked, a Knox System shall
be installed.
116
Resolution No. 2002-1938
Page 68
39. Street signs consistent with County Road and Fire District
Standards shall be installed prior to occupancy.
40. Prior to construction, the Applicant shall submit plans to
the Ventura County Fire Prevention Division for the
approval of the location of fire hydrants; all hydrants
shall be shown on the plan that are situated within 500
feet of the perimeter of the residential development .
41. A minimum fire flow of 1, 000 gallons per minute shall be
provided. The location and capacity of all water storage
and conveyance facilities shall be reviewed and approved by
the District prior to the recordation of the Final Map or
any phase thereof and prior to the issuance of building
permits.
42. Address numbers, a minimum of 4 inches high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 150 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event, the
structure (s) is not visible from the street, the address
number (s) shall be posed adjacent to the driveway entrance.
43. Portions of this development within a designated hazardous
fire area shall meet hazardous fire area building code
requirements.
44 . Approved turn around areas for fire apparatus shall be
provided where any access road is 150 feet or more from the
main project collector.
a. Each hydrant shall be a 6 inch wet barrel design,
and shall have one 4 inch and one 2 1/2 inch
outlet.
b. The required fire flow shall be achieved at no
less than 20 psi residual pressure.
c. Fire hydrants shall be spaced 500 feet on center,
and so located that no structure will be farther
than 250 feet from any one hydrant .
d. Fire hydrants shall be 24 inch on center,
recessed in from the curb face.
45. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standards of the County Water Works Manual.
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Resolution No. 2002-1938
Page 69
46 . All grass or brush exposing any structures to fire hazards
shall be cleared for a distance of 100 feet prior to
framing.
D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1
CONDITIONS :
47 . Prior to issuance of a building permit, Applicant shall
provide Ventura County Waterworks District the following:
a. Water and sewer improvement plans in the format
required.
b. Hydraulic analysis by a registered Civil Engineer
to determine the adequacy of the proposed and
existing water and sewer lines .
c . Copy of approval of fire hydrant locations by
County of Ventura Fire Protection District .
d. Copy of Release from Calleguas Municipal Water
District .
e. Cost estimates for water and sewer improvements .
f . Fees: Plan check, construction inspection,
capital improvement charge, sewer connection fee
and water meter charge.
g. Signed Contract to install all improvements and a
Surety Bond.
E: VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS:
48 . No direct storm drain connections to Ventura County Flood
Control District facilities will be allowed without
appropriate Best Management Practices (BMP' s) for
compliance with Ventura Countywide Stormwater Program.
49 . Cross Connection Control Devices : At the time water
service connection is made, cross connection control
devices shall be installed on the water system in a manner
approved by the County Waterworks District No. 1 .
F. POLICE DEPARTMENT CONDITIONS:
50. Prior to issuance of building permits for either the
residential or recreational components of the project, the
Police Department shall review development plans for the
incorporation of defensible space concepts to reduce
demands on police services . To the degree feasible, public
safety planning recommendations shall be incorporated into
118
Resolution No. 2002-1938
Page 70
the project plans. The Applicant shall prepare of list of
project features and design components that demonstrate
responsiveness to defensible space design concepts. Review
and approval by the Police Department of all defensible
space design features incorporated into the project shall
occur prior to initiation of the building plan check
process.
51. Enforcement of Vehicle Codes: Prior to Issuance of a Zoning
Clearance for Construction, the Developer shall request the
City to enforce appropriate vehicle codes on subject
property as permitted by Vehicle Code Section 21107.7 .
G. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION:
52 . Prior to issuance of building permits for the residential
components of the project, all legally mandated school
impact fees applicable at the time of issuance of a
building permit shall be paid to the Moorpark Unified
School District.
H. BUILDING DEPARTMENT CONDITIONS:
53. Prior to submittal of building plans, Applicant shall
provide an acoustical study report that the City of
Moorpark outlines a program for implementation of the Noise
Element Standard of 65 CNEL (Community Noise Equivalent
Level) is attained at all locations within the development.
The City also requires that interior noise levels
attributable to exterior noise sources not exceed 45 CNEL.
The intent of the interior noise level criterion is to
provide an acceptable noise level for communication and
sleep.
54 . The final grading plan shall meet all standards of the
Uniform Building Code (UBC) and City slope setback criteria
as may be required.
55. Spark Arrestor: An approved spark arrestor shall be
installed on the chimney of any structure (s) .
119
Resolution No. 2002-1938
Page 71
STATE OF CALIFORNIA
COUNTY OF VENTURA ) ss .
CITY OF MOORPARK
I, Deborah S . Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2002-1938 was adopted by the
City Council of the City of Moorpark at a regular meeting held
on the 6th day of February, 2002 , and that the same was adopted
by the following vote:
AYES: Councilmembers Harper, Mikos, Millhouse, Wozniak
and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 28th
day of February, 2002 .
Deborah S. Traffenstedt, City Clerk
(seal
ro OP �
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71611106
120
CI TV OF MOORPARK,CALIFORN4e-
City Council Meeting
of •V---/008"
ACTION: +frtmktad afly
qt of
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared by Joseph R. Vacca, Principal Plan
DATE: May 7, 1008 (CC Meeting of 05/21/08)
SUBJECT: Consider Approval of the Proposed Amendment to the
Implementation Plan for Improvements Associated with Tract Nos.
5187-1&2 and 5405, the Meridian Hills Residential Development
Project, on the Application of William Lyon Homes [Upon Transfer of
Ownership of the Meridian Hills.Development Project from William
Lyon Homes to Resmark Equity Partners, LLC, (ORA Ashford 94,
LLC)J
BACKGROUND
•
As a requirement of the Development Agreement for Tract No. 5187, the Meridian Hills
residential development project, the applicant is required to submit for approval to. the
City Council an implementation plan for the construction of on-site and off-site
improvements, prior to the issuance of a grading permit. On July 7, 2004, William Lyon
Homes received the City Council's approval of an Implementation Plan for the project.
On January 10, 2008, William Lyon Homes verbally informed City staff that their
company's interests in the unbuilt portions of the Meridian Hills project (183 lots in Tract
5187 and 17 lots in Tract 5405) had been completely transferred to Resmark LLC,
(ORA-Ashford 94,_ LLC). This:transaction took-place.-in violation of the terms.of the
Development Agreement for this project, which requires City Council approval of an -
amendment to the Implementation Plan to address the responsibilities of a new owner
prior to the transfer of ownership. On March 25, 2008, William Lyon Homes submitted a
formal application to the City seeking approval of an amendment to the Implementation
Plan.
A draft Implementation Plan was presented to the City Council at its April 16, 2008
meeting, at which time the item was continued to allow additional time for the residents
to review the plan.
CC ATTACHMENT 4
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Honorable City Council
May 21, 2008
Page 2
DISCUSSION
The intent of an implementation plan is to identify responsibility for grading and
improvements associated with the development of Tract 5187 and Tract 5405. In
support of this, the plan establishes a method for ensuring that sureties remain in place
and improvements are provided in the event that the developer sells portions of the
project to other developers prior to the installation of these improvements. While
Resmark, .LLC., (ORA Ashford 94, LLC), has indicated that they plan to hold the
property without selling off portions of the project until such time as conditions for
residential construction become more favorable (at least 2 years according to
Resmark),the required implementation plan will ensure a smooth transition of rights and
responsibilities in the event that an unforeseen change results in the sale of any or all of
the project to another entity.
In order to ensure that the area is safe, functional, and livable for the residents of the 65
completed homes, staff has included a timeline for completion of the following items
within the Amended Implementation Plan.
✓ final paving cap on all streets with occupied homes
v completion of the public multi-use trail
completion of private recreation facility if wanted at this time by HOA
• completion of improvements to the Peters'driveway
✓ security fencing around the remaining phases
✓ landscaping enhancements to areas visible from public rights of way
• dust and soil erosion control for the remaining phases
Surety bonds have been posted for all of the improvements required as part of the
subdivision. A Settlement Agreement between the City and William Lyon Homes
reached on May 7, 2008 provides added assurance that these "timeline" items will be
completed promptly.
Since the April 16, 2008 City Council meeting, staff has met with the ad hoc committee
and homeowners to further refine the draft Implementation Plan. In response to the
issues raised at these meetings,the following items have been added to Part Two-B of
the plan:
20. A$25,000 deposit from ORA Ashford 94, LLC. to City of Moorpark is
required for condition compliance.
21. "No Stopping Anytime" signs must be posted on Meridian Hills Drive to
the satisfaction of the City Engineer.
22. The property must be in full compliance with the adopted Fuel
Modification plan on file.
23. The existing wood fencing within the project must be removed.
24. Existing street lighting plans for the developed areas of the project must
be provided for review by the City Engineer and Planning Director.
Additional street lighting or relocation of existing street lighting may be
required, as determined necessary.
\Mor_prl_serv\City Share\Community Development\OEV PMTS\R P D\1999-02 William Lyon(WestPointe)\agenda rpts\cc stf rpt
amendment to original implementation plan_080521,doc
122
Honorable City Council
May 21, 2008
Page 3
A courtesy notice of this meeting was sent to all homeowners in Tract 5187-1&2. In
addition, a sign board notice was installed at the pool and recreation facility lot, located
at the primary gated entrance to the developed residential lots.
FISCAL IMPACT
None. A$25,000 deposit from ORA Ashford 94, LLC. to City of Moorpark is required for
condition compliance to cover staff costs associated with monitoring progress related to
administering the Implementation Plan. As the fund account becomes depleted,
additional money will need to be deposited by ORA Ashford 94, LLC. to cover staff
costs, consistent with the Development Agreement and conditions of approval.
STAFF RECOMMENDATION
Approve the Amended Implementation Plan for improvements to Tract Nos. 5187-1&2
and 5405, subject to review of final language and determination of satisfactory financial
capacity by the City Manager and City Attorney.
ATTACHMENTS:
1. Draft Amended Implementation Plan for the Meridian Hills Residential
Development Project Tract Nos. 5187-1&2, and 5405
• Part One:
• Part Two-A
• Part Two-B
•
\Ynor pri_sery\City Share\Community Development\DEV PMTS\R P D\1999-02 William Lyon(WestPointe)lagenda rpts\cc stf rpt
amendment to original implementation plan_080521.doc
123
AMENDED IMPLEMENTATION PLAN
MERIDIAN HILLS RESIDENTIAL DEVELOMENT PROJECT
TRACT 5187-1&2 AND 5405
PART ONE
Introduction
Subsection 6.13 of the Development Agreement for Tract 5187 states:
Prior to approval of the first grading permit for the Property, or
approval of the first final map of Tract 5187, whichever occurs
first, Developer shall submit and gain approval from City Council
of an Implementation Plan. The Implementation Plan shall
address the requirements for phasing and construction
responsibilities of Developer and any successors including
sureties for performance for all grading, construction of storm
drains and utilities, private and public streets, and other private
and public improvements on or offsite required by Tract 5187,
RPD 99-2, and this Agreement. The Implementation Plan shall
also address the entities responsible and method and timing of
guarantee for each component of Developer's obligations
pursuant to Tract 5187, RPD 99-2, and this Agreement and
Developer's obligation for a Trail Staging area as referenced in
Subsection 6.9 of this Agreement. The approval of the
Implementation Plan and any Amendments thereto shall be at
the City Council's sole discretion. Prior to sale or transfer of
ownership of any portion of Tract 5187 (except individual lots
after construction of houses), Developer shall seek City approval
of an amendment to the Implementation Plan to address the
responsibilities of each entity.
The Amended Implementation Plan is between the City of Moorpark and ORA Ashford
94, LLC, as successor to William Lyon Homes, Inc. ORA Ashford 94, LLC is a single
successor managed by Resmark Equity Partners, LLC based in Los Angeles, California.
This Amended Implementation Plan will supersede the Implementation Plan between
the City of Moorpark and William Lyon Homes, Inc., originally approved by the City of
Moorpark City Council on July 7, 2004. This Amended Implementation Plan for Tract
Nos. 5187-1&2 and 5405 addresses the following matters as required by subsection
6.13 of Development Agreement between the City of Moorpark and West Pointe
Homes, Inc. dated January 23, 2003:
• Construction Phasing and Responsibilities by ORA Ashford 94, LLC., as
successor to William Lyon Homes, and West Pointe Homes, and any subsequent
single successor.
• Sureties for performance for all grading, construction of storm drains, sewer,
water and other utilities, private and public streets and other private and public
improvements on or offsite as required by the Development Agreement and
Conditions of Approval for Tract 5187-1&2 and Tract 5405.
•
CC ATTACHMENT 1
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• Entities responsible, and method and timing of guarantee for each component of
Tract Nos. 5187-1&2 and 5405 RPD Permits 1999-02 and 2003-01 (Project).
Transfer of Responsibility
ORA Ashford 94, LLC, will be responsible for the remaining obligations as required by
the Development Agreement, Conditions of Approval, and Affordable Housing Purchase
and Sale Agreement for Tract Nos. 5187-1&2 and 5405, notwithstanding the fact that
ORA Ashford 94, LLC does not own all of the lots in the Tracts identified in the
Development Agreement. If ORA Ashford 94, LLC, chooses to sell any remaining
portion of the Project, the Surety Bonds securing completion of the noted improvements
for Tract 5187-1&2 and 5405 are to remain the obligation of ORA Ashford 94, LLC, until
an amendment to the Implementation Plan is approved by the City Council and the
Surety Bonds are thereafter replaced, reduced, or exonerated to the satisfaction of the
City Council. Any current owners of the property covered by the Development
Agreement and any successors in interest to all or part of the Project understand that
construction of and/or occupancy permits for units may be withheld, regardless of
whether ORA Ashford 94, LLC owns the units at issue, if ORA Ashford 94, LLC or its
successors to this Implementation Plan have not completed the improvements
associated with such units.
ORA Ashford 94, LLC, will be responsible for the required improvements for Tract Nos.
5187-1&2 and 5405, including, but not limited to:
1. Holding of an election within 60 days of existing homeowners to determine
if the majority prefer to have the recreation facilities and landscaping
associated with HOA recreation Lot A of Tract 5187-2 developed at this
time, providing an estimate of what the increase in HOA dues would be for
maintenance. Obtaining of building permits and completion of this
improvement to the City's satisfaction within 90 days of the election if a
majority of the homeowners support completion of this improvement at this
time. If the majority vote is opposed to full improvements of the recreation
facilities at this time, then an interim landscaping and irrigation plan
including trees, shrubs and ground cover, must be provided to the City for
review and approval and landscaping installation must be complete within
90 days of the election.
2. Enhancement of all common landscaping areas that are visible from public
Rights of Way, per the approved landscaping plans on file, to the
satisfaction of the Planning Director, Director of Parks, Recreation, and
Community Services, and Public Works Director/City Engineer.
3. Provision of sureties for performance for all requirements for grading,
construction of storm drains, sewer, water, and other utilities, private and.
public streets and other private and public improvements on or offsite as
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Page 3 of 4
required by the Development Agreement, Conditions of Approval, and
Affordable Housing Agreement for Tract Nos. 5187-182 and 5405.
4. Completion of required improvements to Walnut Canyon Road including
the installation of the multi-use trail.
5. Completion of required improvements associated with the construction of
Meridian Hills Drive.
6. Provision of required Open Space dedications per the Development
Agreement.
7. Installation of required Common Landscaping throughout the Project.
8. Completion of grading within the Project area,to establish areas graded to
an average elevation, consistent with the approved plans, in preparation
for fine grading prior to construction of structures, and a spine network of
streets to serve those areas including improvements within Tract 5187-1
on High Country Place and Canyon Wren Court including required grading
for lots 21-34, dry utilities (gas, electric, cable, phone) for lots 1-34, and
wet utilities for lots 21-34.
9. Completion of required Multi-use Trail and Public Trailhead improvements.
10.Completion of utility installation within phase 1 of Tract 5187 of sufficient
capacity, and including "stub-outs," to serve phase 2 of Tract 5187 of that
tract; including remaining improvements within Tract 5187-2 including the
completion of the dry utilities on Ridgemark Drive and Ridgemark Court
(lots 56-81 and 130-131) and Lone Trail Place (lots 82-88), a portion of
Mammoth Peak (lots 53-55, and 90-94), Highgrove Place (lots 36-44),
Deer Grass Court (lots 45-52), lettered lots K and L. The wet utilities
within Tract 5187-2 are complete except for lettered lot K.
11.Completion and maintenance of EIR mitigation measures for the Project.
12.Maintenance of common areas until such time as these areas are
accepted by the Homeowners Association or other applicable governing
agencies.
13.Completion of construction and maintenance of the required flood control
and other drainage improvements.
14.Continuation of meeting and complying with requirements for the design,
installation, monitoring, and maintenance of facilities to meet NPDES
requirements.
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15.Completion of all required public improvements in Tract 5405 including but
not limited to streets, soil nail wall, retaining walls, and sound walls; and
maintain the main lines for the wet and dry utilities which have been
installed to ensure they are in a good state of repair.
16.Construction of the improvements for the trail staging area per section
6.10c of the Development Agreement to be completed prior to occupancy
of the 165th residential unit for Tract No. 5187.
17.Compliance with section 6.11 of the Development Agreement and its
related requirements set forth in the Affordable Housing Purchase and
Sale Agreement recorded on December 15, 2006.
18.Provision of a site security program which includes the 24-hour response
and dissemination of security telephone number to the existing residents
and City staff.
19.Any additional improvements associated with the development of the
Project, as deemed necessary by the City Engineer or Planning Director to
protect the public health, safety and welfare.
127
AMENDED IMPLEMENTATION PLAN MERIDIAN HILLS RESIDENTIAL DEVELOPMENT PROJECT
TRACT 5187-1&2 AND 5405 PART TWO-A
The following community enhancements and improvements within the Meridian Hills Community are in progress and/or will be
performed by ORA Ashford 94,LLC,or a single assignee within the timeframes below:
•
Required
Tract 51871 Items originally presented to applicant in a City Engineering Memo dated March 5, 2008) Completion Date'
1 Erosion found:multi-use trail north of site near Pete Peter's driveway. Must secure site for safety immediately. Once Pending City
area is protected,remediate eroded area monitored by soils engineer and our office and provide reports to engineering Approval and 7/30/08
for review.
2 Erosion found:desilting basin*3 Easterly end of basin is failing.Need to reconstruct basin and riprap areas per plan 6/30/08
and apply all BMP's in correct location. Provide all proper soils monitoring and reports(See sheet 24 of dwg 05-ML-
10781).
3 Slope erosion found:Hillside behind residential lot 15 on Mammoth Peak Drive. Remove visqueen and remediate 6/30/08
eroded area monitored by soils engineer and our office and provide geotechnical report.
4 Erosion found at upstream end of drainage basin of lot Q.(See sheet 12 of dwg 05-ML-10781). Removal of mat and re 6/30/08
grade and reconstruct mat and basin per plan. All work shall be monitored by soils engineer and our inspector and
provide reports.
6 Outlet channel at end of Meridian Hills Drive as shown o sheet 24 of dwg05-ML-10781. Weep holes are required to be 6/30/08
. installed in trapezoidal channel to drain the channel dry.
6 The parkway is eroding along the southerly side of Meridian Hills Drive westerly of Ridgemark Drive. All soil removal 6/30/08
and replacement remediation work shall be monitored by soils engineer and our inspector and provide reports.
7 Completion of V-ditches and grading as shown on sheet 19A&20A of 05-M1-10781. All grading shall be monitored by 6/30/08
soils engineer and our inspector and provide reports.
8 Downstream end of lot Q drainage basin:Standing water in basin. Basin shall be regraded to drain per approved 6/30/08
plans. All grading shall be monitored by soils engineer and our inspector and provide reports.
9 Additional fencing required to secure site to prevent access at westerly end of Meridian Hills Drive. 6/30/08
10 General Clean up of onsite and offsite trash and removal of all illegal dumping debris. Site shall be cleaned-up ongoing
immediately.
11 Clean up of debris within all V-ditches. ongoing
12 Replace BMP's,remove all broken sand bags. Remove all silt at chevrons, clean streets with street sweeper. ongoing
13 Gate to Ventura County Watershed Protection District basin shall be secured immediately and shall remain locked at ongoing
all times.
14 All gates for access areas shall be secured each and every day Gate to HOA basin along Walnut Canyon Road shall ongoing
be secured immediately.
Page 1 of 2
128
AMENDED IMPLEMENTATION PLAN MERIDIAN HILLS RESIDENTIAL DEVELOPMENT PROJECT
TRACT 5187-1&2 AND 5405 PART TWO-A
Required
Tract 54051 Items originally presented to applicant in a City Engineering Memo dated March 5,2008) Completion Date"
f Hillside repair at back of lot No.One(1). Please provide soils monitoring report of correction to engineering for review 6/30/08
2 Completion of trapezoidal grass swale at south location of site. The visqueen swale is no longer acceptable and the 6/30/08
permanent grading and drainage faality is required as shown on the approved plans.
3 General clean up of onsite trash. ongoing
4 Clean up of debris within all V-ditches. ongoing
6 Replace BMP's,remove all broken sand bags. Remove all silt at chevrons,clean street with street sweeper. ongoing
6 Any and all other conditions,bonds,and/or timing of improvements for the property per the Development Agreement ongoing
and Conditions of Approval.
'All Items are to be completed to the satisfaction of either the City Engineer,City Planning Director or both.
All dates are subject to Inspections and collaboration with the various governing agencies.
Page 2 of 2
129
AMENDED IMPLEMENTATION PLAN MERIDIAN HILLS RESIDENTIAL DEVELOPMENT PROJECT
TRACT 5187-18<2 AND 5405 PART TWO-B
Tract 51371 Items originally presented to applicant in a Letter from Planning Director and attached City Required
Engineering Memo,both dated March 13,2008) Completion Date"
1 Correct and complete the installation of the multi-use trail along Peter's driveway and landscaping along the R.O.W of 7/30/08
Walnut Canyon Rd.per City requirements.
a. slope failure 8 erosion problem along Peter's driveway requires immediate attention 8 drainage modification
b. install safely guardrail fencing along additional portions of the driveway
c.modify the existing concrete block entry monument to comply with line of sight"
d. install a neighborhood mailbox unit
2 Need to bond for construction of multi-use trail at 150%of estimated cost of construction. 6/30/08
3 Adequate erosion control is required;all unoccupied lots must be hydro-seeded for erosion control. ongoing
4 Install security fencing around all vacant areas of project&post with"No Trespassing"signage. 6/30/08
5 Complete water tank site grading&drainage,erosion control and landscaping improvements. 6/30/08
6 All occupied streets&Meridian Hills Dr.up to Ridgemark Dr.must receive final cap,all sidewalk and final street 6/30/08
improvements including singing and striping.
7 Remove existing depressed median curb within Meridian Hills Dr.and replace with full height curb. 6/30/08
8 Provide a final acceptance fetter from Ventura County Watershed Protection District to verify that the newly 6/30/08
constructed VCWPD basin is accepted.
9 All tract boundary perimeter fencing must be installed per the approved fencing plan. 6/30/08
10 All drainage basin facilities shall perform in a manner that will not impound any water beyond the design storm 6/30/08
retention period nor shall create mosquito breeding and shall be maintained properly.
11 All monuments must be set in accordance with the Final Maps for Tracts 5187 8 5405. 6/30/08
a. A flag shall be posted at each boundary monument location,inspected and verified by City inspector.
12 Centerline ties must be set for each street centerline monument in accordance with City requirements. 6/30/08
13 Trail must be completed along the drainage basin of HOA Lot Q per Tract 5187-1,including landscaping. 6/30/08
14 Temporary drainage basin at Meridian Hills Dr.(sheets 21824-dwg 1105-ML-10781 must be per plans. 6/30/08
15 Sheets 13A, 19A&20A of dwg 005-ML-10781 must be constructed per plans. 6/30/08
16 Repair localized failure in slope located behind Lot 16 of Mammoth Peak Drive. 6/30/08
17 Maintenance of retention basin at end of Meridian Hills Drive required to function per approved plans. 6/30/08
a. Basin shall not impound any standing water,
b. Correct drainage at trapezoidal channel outlet structure-standing water exists;
c. Structure must be modified to drain dry properly
18 All trash&debris shall be collected and removed from the site in accordance with NPDES requirements; ongoing
a. Includes areas along Meridian Hills Drive that are being used for local dumping.
19 Construct permanent grading&drainage facility at the southerly portion of Tract 5405,per approved plans. 6/30/08
20 A$25,000 deposit from ORA Ashford 94,LLC.to City of Moorpark is required for condition compliance. 6/2/08
21 No Stopping Anytime signs must be posted on Meridian Hills Drive to the satisfaction of the City Engineer 6/30/08
Y4 The property must be in full compliance with the adopted Fuel Modification plan on file. 6/1/08
Y3 The existing wood fencing within the project must be removed. 6/30/08
P4 Existing street lighting plans for the developed areas of the project must be provided for review by the City Engineer 6/30/08
and Planning Director. Additional street lighting or relocation of existing street lighting may be required as determined
necessary.
'Alt items are to be completed to the satisfaction of either the City Engineer,City Planning Director or both.
**AU dates are subject to Inspections and collaboration with the various governing agencies.
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CC ATTACHMENT 5
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBIT ARE AVAILABLE
AT THE FRONT COUNTER
131
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION
NUMBER 1 TO RESIDENTIAL PLANNED DEVELOPMENT NO.
1999-02, A REQUEST FOR APPROVAL TO CONSTRUCT FOUR
NEW HOUSE PLANS FOR CONSTRUCTION OF 66 SINGLE
FAMILY HOMES ON EXISTING LOTS WITHIN THE MERIDIAN
HILLS GATED COMMUNITY, TRACT 5187, NORTH OF
MERIDIAN HILLS DRIVE AND WEST OF WALNUT CANYON
ROAD, ON THE APPLICATION OF RICK BIANCHI, FOR TRI
POINTE HOMES, INC. AND MAKING FINDINGS REQUIRED
PURSUANT TO CEQA
WHEREAS, at a duly noticed public hearing held on November 6, 2013, the City
Council considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; and on November 6, 2013 reached a decision on this
matter; and
WHEREAS, the City Council, prior to making its decision on this project, had
originally considered the Final EIR (SCH No. 94081075) which had been prepared and
certified by City Council Resolution No. 2002-1935 for the Residential Planned
Development Permit No. 1999-02 and Tract Map 5187 project pursuant to the California
Environmental Quality Act (CEQA) in accordance with Sections 15162 and 15164 of the
California Code of Regulations (CEQA Guidelines). The proposed modification does
not change the number or location of the homes, and does not have the potential to
result in any new impacts or a substantial increase in any impacts not addressed by the
previously certified Final EIR. No substantial changes are proposed in the project which
will require major revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects. No substantial changes have occurred with respect to the
circumstances under which the project is undertaken which will require major revisions
of the previous EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects. No new
information or impacts of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous EIR
was certified as complete that require preparation of a new or subsequent EIR have
been identified as a result of the proposed modification to update the design of homes
for the project. Therefore, City staff determined that the previously certified Final EIR is
the appropriate and adequate environmental document for the proposed modification
and that no further environmental documentation is required.
CC ATTACHMENT 6
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Resolution No. 2013-
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council, based on its own independent judgment, and on
all evidence in the record, concurs with the City staff determination that the previously
certified EIR (SCH No. 94081075) is the appropriate and adequate environmental
document for the proposed Modification No. 1 to Residential Planned Development No.
1999-02, and that no further environmental documentation is required.
SECTION 2 PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report, accompanying studies, and oral and written
public testimony, the City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.040:
1. The proposed project site design, including structure location, size, height,
setbacks, massing, scale, architectural style, and colors and materials, and
landscaping, as conditioned, are consistent with the provisions of the City's
General Plan, and Zoning Ordinance, in that the proposed project will provide
for the orderly development of land identified in the City's General Plan, and
Zoning Ordinance as appropriate for residential development within Tract
5187, to be compatible with the developed residential neighborhoods within
the Meridian Hills neighborhood. The proposed project site design, as
conditioned, complies with General Plan Policy 3.2: in that the proposed
residential project includes variation of residential product types, lot sizes, and
designs. The proposed project site design, as conditioned, complies with
General Plan Policy 4.1: in that the residential character of the identifiable
neighborhood within the Meridian Hills community shall be maintained
because the adjacent new development has been planned to have
compatible architectural design, landscape, streetscape, color and materials,
building setbacks, and building heights. The proposed project site design, as
conditioned, complies with General Plan Policy 5.2: in that the proposed infill
development in existing Meridian Hills residential neighborhoods has been
designed to be compatible with the scale and character of the existing
surrounding neighborhood. Finally, the proposed project site design, as
conditioned, complies with General Plan Policy 16.1: in that the proposed
community features associated with the proposed development are
compatible with the existing Meridian Hills residential neighborhood and the
overall theme(s) and character shall be maintained or enhanced with the
development of the proposed single family homes and private and community
landscaped areas and this infill project is consistent with the theme and
character of the area as called for in the Meridian Hills Design Guidelines,
(Dated December 3, 2004) as adopted on December 13, 2004 with approval
on that date of Permit Adjustment No. 4 to Amend the Design Guidelines for
Residential Planned Development Permit No. 1999-02, in that only minor
changes are proposed to the elevations and building size from what was
previously approved, and;
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Resolution No. 2013-
Page 3
2. The site design of the proposed project, as conditioned, would not create
negative impacts on or impair the utility of properties, structures or uses in the
surrounding area, in that the use proposed is similar to uses existing or
proposed to the north, south, east and west, and access to adjacent uses is
not hindered by this project. Also, the site design of the proposed project, as
conditioned, is compatible with the scale and character of the existing uses,
employing similar colors and materials and similar design palettes, so as not
to create a negative impact on the utility of properties or uses in the
surrounding area. Furthermore, the site design of the proposed project, as
conditioned, complies with General Plan Policy 17.1, in that the proposed new
development has been designed to be compatible with the scale and visual
character of the existing surrounding neighborhoods; and
3. The proposed project, as conditioned, is compatible with existing and
permitted uses in the surrounding area, in that the surrounding existing and
future development includes a variety of single-family detached homes and
open space throughout the Meridian Hills residential neighborhoods and
development areas of Tract 5187.
SECTION 3. CITY COUNCIL APPROVAL: Based on the findings contained in
Sections 1 and 2 of this Resolution and all other evidence in the record of this matter,
the City Council hereby approves Modification No. 1 to Residential Planned
Development Permit No. 1999-02, subject to the Conditions of Approval included in
Exhibit A, attached hereto and incorporated herein by reference.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, AND ADOPTED this day of , 2013.
Janice Parvin, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk
Exhibit A— Conditions of Approval
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Resolution No. 2013-
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EXHIBIT A
CONDITIONS OF APPROVAL FOR MODIFICATION NO.1 TO RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 1999-02
1. All prior conditions of approval of Resolution No. 2002-1938 approving Tract Map
No. 5187 and Residential Planned Development Permit No. 1999-02 must continue
to apply unless specifically modified by this resolution; in the event of a conflict
between conditions of approval of the original Resolution No. 2002-1938 conditions
of approval and these conditions of approval, the Community Development Director,
City Engineer/Public Works Director and City Manager shall determine which
condition of approval shall apply.
2. Prior to the issuance of a zoning clearance for a building permit for the production
homes, (not including the model homes) associated with this Modification No. 1 of
RPD 1999-02, two additional two story floor plans must be included in the overall
development of the 66 lots, with minimum floor areas for living space of 4,312
square feet and 4,774 square feet respectively, both with three car garages; and that
the two additional two story house plans must be designed to mimic the architecture
of the approved Marquis Plans 3 and 4 respectively, or the original Marquis Plans 3
and 4 may be used to satisfy this condition; and that there must be 8 Marquis Plan 3
houses and 9 Marquis Plan 4 houses incorporated into the final master plotting (to
match original approved master plotting mix criteria), and the average square
footage of the proposed 66 homes shall equal or exceed the average square footage
of the 66 homes originally approved prior to this modification, to the satisfaction of
the Community Development Director.
3. Prior to the issuance of a zoning clearance for a building permit for the production
homes, (not including the model homes), associated with this Modification No. 1 of
RPD 1999-02, full compliance with the Implementation Plan approved on May 21,
2008, must be completed, including the completion of construction and installation of
the multi-use trail system, including compliance with accessibility requirements, and
construction of the remaining unbuilt portions of the multi-use trail and public
sidewalk across the Peter's property and connection with the Country Club Estates
and Moorpark Highlands multi-use trails, to the satisfaction of the Community
Development Director and City Engineer/Public Works Director.
4. Prior to the issuance of a zoning clearance for a building permit associated with this
Modification No. 1 of RPD 1999-02, a master plotting plan must demonstrate that for
house floor plans 1 through 6, there are no less than 10% or no more than 25% of
any one of the floor plans, to the satisfaction of the Community Development
Director.
5. Prior to the issuance of a zoning clearance for a building permit associated with this
Modification No. 1 of RPD 1999-02, a master plotting plan must demonstrate that at
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Resolution No. 2013-
Page 5
least three architectural styles, (i.e. Mission, Tuscan, and Traditional) must be
provided per floor plans 1 through 6, with no less than 10% nor more than 30% of
any one architectural style used per floor plan, and side by side houses of the same
floor plan must use different architectural styles to the satisfaction of the Community
Development Director.
6. Prior to the issuance of a zoning clearance for a building permit associated with this
Modification No. 1 of RPD 1999-02, final colors and materials must be reviewed and
approved to include a minimum of four color schemes per architectural style,
consistent with proposed design guidelines, to the satisfaction of the Community
Development Director.
7. Prior to the issuance of a zoning clearance for a building permit associated with this
Modification No. 1 of RPD 1999-02, a master plotting plan must demonstrate that no
adjacent units, (side by side) will use the same colors and materials palette to the
satisfaction of the Community Development Director.
8. Prior to the issuance of a zoning clearance for a building permit associated with this
Modification No. 1 of RPD 1999-02, the applicant shall submit garage door
specifications, and the garage door designs must include paint treatment and be
decorative sectional roll up garage doors, and must including garage window glazing
all as standard, and the option of external carriage door hardware such as hinges
and handles, and the doors must be compatible with the architectural style of each
home, to the satisfaction of the Community Development Director.
9. Prior to the issuance of a zoning clearance for a building permit associated with this
Modification No. 1 of RPD 1999-02, the applicant shall submit construction plan
details for plan check and the trim on the ground floor levels of the homes must be
constructed of durable materials, (i.e. wood window trim or 1/4" minimum cementous
stucco coat over foam), to the satisfaction of the Community Development Director.
10.Prior to the issuance of a zoning clearance for a building permit associated with this
Modification No. 1 of RPD 1999-02, the applicant shall provide a minimum of three
optional plans demonstrating front yard decorative hardscape features and
driveways, including but not limited to the use of decorative pavers, and colored and
stamped concrete, to be used for the construction of the front yard hardscape of the
residential units to the satisfaction of the Community Development Director.
11.Prior to the issuance of a zoning clearance for a building permit associated with this
Modification No. 1 of RPD 1999-02, the architecture of side or rear elevations of two-
story homes adjacent to streets, or clearly visible from streets, must be enhanced
with additional architectural treatments to the satisfaction of the Community
Development Director.
12.Prior to issuance of final approval on model home building permits and/or prior to the
issuance of a zoning clearance for a building permit for production homes
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Resolution No. 2013-
Page 6
associated with this Modification No. 1 of RPD 1999-02, (whichever occurs first), the
gated entrances at Ridgemark Drive and Breezy Glen Drive must be installed and
completed per the approved improvement plans, including the placement of
decorative stamped and colored concrete with concrete banding, in the streets per
the approved improvement plans, to the satisfaction of the Community Development
Director and City Engineer/Public Works Director.
13.For construction of homes on Shadow Wood Drive, Mammoth Peak Drive and
Copper Creek Place, construction traffic may only use Ridgemark Drive for
accessing these areas, not Breezy Glen Drive (Breezy Glen Drive may only be used
for access for construction of homes on Lot Numbers: 35, 39, 40, 41, 42, 47, 48
through 61, and 104 through 107).
- End -
137